Somappa @ Somalingappa S/O ... vs Shivanand S/O Somappa @ ...
2022 Latest Caselaw 7601 Kant

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                                  RFA No. 100216 of 2014




     IN THE HIGH COURT OF KARNATAKA, DHARWAD
                        BENCH

       DATED THIS THE 27TH DAY OF MAY, 2022

                       PRESENT
       THE HON'BLE MRS JUSTICE K.S.MUDAGAL
                         AND
        THE HON'BLE MR JUSTICE M.G.S. KAMAL
      REGULAR FIRST APPEAL NO. 100216 OF 2014
                      (PAR/POS)
BETWEEN:

1.    SOMAPPA @ SOMALINGAPPA
      S/O SANGAPPA ENNI,
      AGE 59 YEARS, OCC AGRICULTURIST,
      R/O CHACHADI VILLAGE,
      TQ SAUNDATTI, DIST BELGAUM.

2.    PRAKASH S/O SOMAPPA ENNI
      AGE: 32 YEARS, OCC: AGRICULTURIST,
      R/O. CHACHADI VILLAGE, TQ: SAUNDATTI,
      DIST: BELGAUM.

3.    SMT.MANJULA MAHANTESH GANIGERI
      AGE: 27 YEARS, OCC: HOUSE HOLD,
      R/O. CHACHADI VILLAGE, TQ: SAUNDATTI,
      DIST: BELGAUM.

4.    KASTURI W/O SANJU BAGOJI
      AGE: 23 YEARS, OCC: HOUSEHOLD,
      R/O. CHACHADI VILLAGE,
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                               RFA No. 100216 of 2014


     TQ: SAUNDATTI, DIST: BELGAUM.

                                        ...APPELLANTS

(BY SRI. SURESH SHETTEMMANAVAR, ADVOCATE)

AND:

1.   SHIVANAND S/O SOMAPPA
     @ SOMALINGAPPA ENNI
     AGE 30 YEARS, OCC AGRICULTURIST,
     R/O. HIRE-BAGAWADI VILLAGE,
     TQ and DIST BELGAUM.

2.   BASALINGAVVA W/O SOMALINGAPPA ENNI
     AGE: 52 YEARS, OCC: HOUSEHOLD,
     R/O: BAGAWADI VILLAGE,
     TQ and DIST: BELGAUM.

                                     ...RESPONDENTS

(BY SRI.SHIVARAJ S BALLOLLI, ADVOCATE C/R1;
 LRS. OF DECEASED R2 IS DISPENSED WITH)


      THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 AND READ WITH ORDER 41 RULE 1 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 31.10.2014
PASSED IN O.S.NO.11/2013, ON THE FILE OF SENIOR
CIVIL JUDGE, SAUNDATTI, DECREEING THE SUIT FILED
FOR PARTITION AND SEPARATE POSSESSION.

      THIS REGULAR FIRST APPEAL COMING ON FOR
FINAL HEARING THIS DAY, K.S.MUDAGAL J., DELIVERED
THE FOLLOWING:
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                                    RFA No. 100216 of 2014




                        JUDGMENT

No representation for the appellants.

This appeal is pending since 2014. The records show

that consistently since several hearing dates appellants

are not proceeding with the matter. It appears that the

appellants are not interested in the matter. Therefore, the

appeal is dismissed for non-prosecution.

SD/-

JUDGE

SD/-

JUDGE

KGK