Parameshwarappa S/O Basappa ... vs Smt.Gangavva W/O Somappa ...
2022 Latest Caselaw 11747 Kant

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                                      RSA No. 100264 of 2019




IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

     DATED THIS THE 12TH DAY OF SEPTEMBER, 2022

                         BEFORE
        THE HON'BLE MR JUSTICE RAVI V.HOSMANI
       REGULAR SECOND APPEAL NO. 100264 OF 2019
                        (DEC/INJ)
BETWEEN:

PARAMESHWARAPPA S/O BASAPPA RAVUTAR
AGE:47 YEARS, OCCU:AGRICULTURE,
R/O KANAVALLI, TQ:HAVERI,
DIST:HAVERI

                                                 ...APPELLANT
(BY SRI. SHARNAPPA S.KOLIWAD, ADVOCATE)
AND:

1.   SMT.GANGAVVA W/O SOMAPPA PUSHUPATIHAL
     R/O LAXMESHWAR, TQ:SHIRAHATTI,
     SINCE DECEASED BY HER LRS


     1A. PARAMESHWARAPPA
     S/O SOMAPPA PASHUPATHIHAL
     AGE:58 YEARS, OCC:AGRICULTURE,
     R/O:LAXMESHWAR, TQ SHIRAHATTI

     1B.SHEKAPPA S/O SOMAPPA PUSHUPATIHAL
     AGE:51 YEARS, OCC:BUSINESS,
     R/O LAXMESHWAR, TQ:SHIRAHATTI

     1C.GOURAVVA D/O SOMAPPA PUSHUPATIHALO
     AGE:48 YEARS, OCC:HOUSEHOLD,
     R/O LAXMESHWAR, TQ:SHIRAHATTI

2.   SMT.IRABASDAVVA,
     W/O RUDRAGOUDA BHADRAGOUDAR
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                                      RSA No. 100264 of 2019


     AGE 93 YEARS, OCC:HOUSEHOLD,
     R/O BYADAGI, TQ:BYADAGI

3.   SIDDANAGOUDA
     S/O RUDRAGOUDA BHADRAGOUDAR
     AGE 53 YEARS, OCC:AGRICULTURE,
     R/O BYADAGI, TQ:BYADAGI

4.   SMT.CHANNABASAVVA
     W/O PARAMESHWARAPPA
     BHADRAGOUDAR
     AGE:63 YEARS, OCC:HOUSEHOLD,
     R/O KANAVALLI, TQ:HAVERI

     4A.SIDDAPPA S/O PARAMESHWARAPPA
     BEVINAMARAD
     AGE:61 YEARS, OCC:AGRICULTURE,
     JR/O KANAVALLI, TQ:HAVERI

     4B. BASAVARAJ S/O PARAMESHWARAPPA
     BEVINAMARAD,
     AGE58 YEARS, OCC:AGRICULTURE,
     R/O:KANAVALLI, TQ:HAVERI

     4C.RAVI S/O PARAMESHWARAPPA BEVINAMARAD
     AGE:53 YEARS, OCC:AGRICULTURE,
     R/O KANAVALLI, TQ:HAVERI

5.   SMT. GOURAVVA W/O BASAPPA RVUTUR
     AGE:68 YEARS, OCC:HOUSEHOLD,
     R/O KANAVALLI, TQ:HAVERI

                                              ...RESPONDENTS
     THIS RSA FILED U/SEC.100 OF CPC, AGAINST THE
JUDGEMENT and DECREE DATED 06.11.2009 PASSED IN
R.A.NO.109/2005 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, HAVERI, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DTD 19.10.2005, PASSED IN O.S.
NO.155/1992 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) AND
JUDICIAL MAGISTRATE FIRST CLASS, HAVERI, DISMISSING THE
SUIT FILED FOR DECLARATION AND CONSEQUENTIAL RELIEF OF
INJUNCTION IN RESPECT OF SUIT PROPERTIES.
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                                    RSA No. 100264 of 2019


     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
MADE FOLLOWING:
                         ORDER

Though appeal was filed in the year 2019, office

objections were not complied even after granting sufficient

opportunity. On 23.08.2022, when matter was listed for

non-compliance of office objections for third time, finally

three weeks time was granted on payment of cost of

Rs.500/-.

When matter is listed today, it is seen that cost has

not been paid. This would indicate that appellant is not

interested in pursuing appeal. Appeal is dismissed for non-

prosecution.

SD JUDGE

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