Basavaraj S/O Channabasappa ... vs Smt. Mallavva W/O Dyamappa ...
2023 Latest Caselaw 1007 Kant

                                         -1-




                                                  RFA No. 3103 of 2010


             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                     DATED THIS THE 17TH DAY OF JANUARY, 2023
                                      PRESENT
                  THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                                        AND
                         THE HON'BLE MR JUSTICE C M JOSHI
                   REGULAR FIRST APPEAL NO. 3103 OF 2010 (PAR)
             BETWEEN:

             1.    BASAVARAJ S/O CHANNABASAPPA MANNAANNAAR,
                   AGE: 38 YEARS, OCC: PRIVATE SERVICE, R/O
                   BALAMADDI CHAL, SAIDAPUR, DHARWAD-580001.

             2.    ASHOK S/O CHANNABASAPPA MANNANNAVAR,
                   AGE: 32 YEARS, OCC: AGRICULTURE, R/O
                   BALAMADDI CHAL, SAIDAPUR, DHARWAD-580001.

             3.    SMT. MEENAKSHI W/O SHRIKANT PATIL,
                   AGE: 35 YEARS, OCC: HOUSEHOLD, R/O BALAMADDI
                   CHAL, SAIDAPUR, DHARWAD-580001.

                                                         ...APPELLANTS
             (BY SRI. V R DATAR, ADVOCATE)(ABSENT)
             AND:

             1.    SMT. MALLAVVA W/O DYAMAPPA PARASANNAVAR,
Digitally
                   AGE: 61 YEARS, OCC: HOUSEHOLD WORK, R/O
signed by
JAGADISH
                   GARAJUR, POST SANGOLLI, TQ. BAILHONGAL, DIST.
TR                 BELGAUM-591191.
Date:
2023.01.18
16:01:52
+0530
             2.    SMT. GANGAVVA W/O SHIVAPPA MUGALI,
                   AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O
                   TADAKOD, TQ & DIST. DHARWAD-581175.

             3.    MADIVALAPPA S/O MALLAPPA MANNANNAVAR,
                   AGE: 65 YEARS, OCC: AGRICULTURE, R/O MAHADEV
                   NAGAR, GARAG, TQ & DIST. DHARWAD.

                                                       ...RESPONDENTS
                                -2-




                                          RFA No. 3103 of 2010


(BY SRI. B.S. SANGATI, ADVOCATE FOR R1 & R2)
(SRI. GODE NAGARAJ, ADVOCATE FOR R3)

     THIS APPEAL IS FILED UNDER SECTION 96 OF CPC
PRAYING TO CALL FOR THE RECORDS IN OS NO.74/2009 ON
THE FILE FO THE COURT OF PRL. SENIOR CIVIL JUDGE AND
CJM, DHARWAD AND ON PERUSAL OF THE SAME BE PLEASED
TO SET-ASIDE THE JUDGMENT AND DECREE DATED
27.07.2010 IN THE INTEREST OF JUSTICE AND EQUITY.
     THIS APPEAL COMING ON FOR ORDERS THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING, THIS
DAY, C.M. JOSHI J., MADE THE FOLLOWING:


                          ORDER

None appeared for the appellants. Learned counsel

for the respondents 1 and 2 present.

On perusal of the order sheet dated 07.12.2022, it

would disclose that there was no representation on behalf

of the appellants and the amended cause title was also not

filed and therefore, peremptory order was passed stating

that if the needful is not done by the appellants, the

appeal would be liable to be dismissed for non-

prosecution.

It is also evident that on the previous occasions,

there was no representation on behalf of the appellants

RFA No. 3103 of 2010

when the matter was listed on several occasions. Even

earlier, this appeal came to be compromised and disposed

off and later by virtue of RP No.100011/2015, appeal was

restored and thereafter, there is no representation on

behalf of the appellants on successive dates, when the

matter was listed. Therefore, it appears that the

appellants are not interested in prosecuting the appeal and

therefore, in view of the peremptory order dated

7.12.2022, we have no other option than to dismiss the

appeal. Accordingly, the appeal stands dismissed for non-

compliance and for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

JTR