Devidasramachandra Naik vs Ranjana D/O Ramachandra Naik
2022 Latest Caselaw 12841 Kant

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                                                            RFA No. 3080 of 2010


                                    IN THE HIGH COURT OF KARNATAKA

                                            DHARWAD BENCH

                                DATED THIS THE 4TH DAY OF NOVEMBER, 2022

                                                 BEFORE
                                   THE HON'BLE MR JUSTICE R.NATARAJ
                               REGULAR FIRST APPEAL NO. 3080 OF 2010 (ISA-)
                        BETWEEN:

                        1.   DEVIDAS RAMACHANDRA NAIK
                             AGE:53 YEARS,
                             R/O.KODIBAG, KARWAR-TQ, KARWAR.
                                                                   ...APPELLANT
                        (BY SRI. NAGAPPA TUKKAI, ADVOCATE)

                        AND:

                        1.   RANJANA D/O RAMACHANDRA NAIK @ MAHADEVI
                             W/O MAHABHALESHWAR NAIK
                             AGE:43 YEARS, R/O MANIKATTA, BAAD,
                             KARWAR-TQ, KARWAR

                        2.   KALPANA D/O RAMACHANDRA NAIK
                             AGE:49 YEARS,
          Digitally          TELEPHONE DEPARTMENT QUARTERS,
          signed by J
          MAMATHA            NEAR EXCISE OFFICE, KARWAR.
J
MAMATHA   Date:
          2022.11.07
                                                               ...RESPONDENTS
          15:11:32
          +0530
                        (BY SRI. S N BANAKAR, ADV. FOR R1 AND R2)

                             THIS APPEAL IS FILED UNDER SECTION 96 OF THE
                        CODE OF CIVIL PROCEDURE READ WITH SECTION 299 OF
                        THE INDIAN SUCCESSION ACT, 1925, AGAINST THE
                        JUDGMENT AND DECREE DATED 01.07.2010 PASSED IN OS
                        NO.2/2008 ON THE FILE OF THE LEARNED DISTRICT JUDGE,
                        KARWAR, AT KARWAR, DECREED THE SUIT FILED FOR
                        PROBATE OF WILL.

                             THIS APPEAL COMING ON FOR FINAL HEARING, THIS
                        DAY, THE COURT DELIVERED THE FOLLOWING:
                               -2-




                                        RFA No. 3080 of 2010


                          JUDGMENT

There is no representation for the appellant and the

respondents.

2. It is seen that this Court in terms of the order

dated 21.10.2022 had adjourned the case to today and

had specifically indicated that if there is no representation

on the next date of hearing, the appeal would be

dismissed for non-prosecution.

3. In view of the fact that the appellant is

persistently absent, the appeal is dismissed for non-

prosecution.

(Sd/-) JUDGE

JM