Smt.Sharanavva Wife Of ... vs Smt.Gurubasavva Wife Of Sangappa ...
2023 Latest Caselaw 4096 Kant

                                      -1-
                                             NC: 2023:KHC-D:6806
                                              RFA No. 100119 of 2020




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                     DATED THIS THE 6TH DAY OF JULY, 2023

                                    BEFORE

                      THE HON'BLE MRS. JUSTICE M.G.UMA

             REGULAR FIRST APPEAL NO.100119/2020 (PAR/POS)

            BETWEEN:

            1.   SMT.SHARANAVVA WIFE OF GURUPADAPPA ANGADI,
                 AGED ABOUT 60 YEARS,
                 OCC: HOUSEHOLD WORK,
                 RESIDENT OF GONAL,
                 TALLUK: BADAMI 587 201.

            2.   SRI MAHANTAPPA SON OF GURUPADAPPA ANGADI,
                 AGED ABOUT 43 YEARS, OCC: AGRICULTURE,
                 RESIDENT OF GONAL,
                 TALLUK: BADAMI - 587 201.

            3.   SMT.SHIVAPUTRAVVA @ RENAVVA
                 WIFE OF SHEKARAGOWDA
                 GOWDAR @ AYYAPANAVAR,
                 AGED: ABOUT 40 YEARS, OCC: HOUSE WIFE,
Digitally
signed by
                 RESIDENT OF TALAVARAGERI,
ROHAN            TALUK: KUSTAGI - 583 272.
HADIMANI
T
            4.   SMT.BHARATI WIFE OF GURUSANGAPPA
                 JANGANNAVAR,
                 AGED: ABOUT 37 YEARS, OCC: HOUSE WIFE,
                 RESIDENT OF PARASAPUR,
                 TALLUK: KUSTAGI - 583 272.

            5.   SMT.ANNAPURNA WIFE OF BASAVARAJ KALASAPUR,
                 AGED: ABOUT 33 YEARS,
                 OCC: HOUSE HOLD WORK,
                 RESIDENT OF MUDHOL,
                 TALLUK: YALABURGA - 583 236.
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                                NC: 2023:KHC-D:6806
                                  RFA No. 100119 of 2020




6.  SRI MUTTAPPA SON OF GURUPADAPPA ANGADI,
    AGED ABOUT 33 YEARS, OCC: AGRICULTURE,
    RESIDENT OF GONAL,
    TALLUK: BADAMI - 587 201.
                                         ...APPELLANTS
(BY SRI N. R. HIREMATHAD, ADVOCATE)

AND:

1.   SMT.GURUBASAVVA
     WIFE OF SANGAPPA ANGADI,
     AGED: ABOUT 65 YEARS, OCC: HOUSE WIFE,
     RESIDENT OF GONAL,
     TALLUK: BADAMI 587 201.

2.   SMT.UMMAVVA
     DAUGHTER OF SANGAPPA ANAGADI,
     AGED: ABOUT 40 YEARS, OCC: HOUSE WIFE,
     RESIDENT OF MADDIBUDIHAL, TQ: HUNAGUND,
     DISTRICT: BAGALKOTE 587 118.

3.   SMT.NEELAVVA WIFE OF SATIRAPPA ANGADI
     AGED: ABOUT 37 YEARS, OCC: HOUSE WIFE,
     RESIDENT OF NAGARAL SP,
     TQ: BADAMI - 587 201.

4.   SMT.NEERMALA WIFE MANTAPPA ANGADI,
     AGED ABOUT 34 YEARS, OCC: HOUSEWIFE,
     RESIDENT OF MYAGERI, TQ: HUNAGUNDA,
     DISTRICT: BAGALKOTE 587 118.

5.   SMT.BASAMMA
     WIFE OF CHANDRASHEKHAR ANGADI,
     AGED ABOUT 31 YEARS, OCC: HOUSE WIFE,
     RESIDENT OF SABBALAHUNSAI,
     TQ: BADAMI 587 201.

6.   SRI.MAHESH SON OF SANGAPPA ANGADI,
     AGED ABOUT 30 YEARS, OCC: AGRICULTURE,
     RESIDENT OF GONAL,
     TQ: BADAMI 587 201.
                                -3-
                                     NC: 2023:KHC-D:6806
                                       RFA No. 100119 of 2020




7.   SRI.VEERESH SON OF SANGAPPA ANAGADI,
     AGED: ABOUT 26 YEARS, OCC: AGRICULTURE,
     RESIDENT OF GONAL,
     TQ: BADAMI 587 201.
                                        ...RESPONDENTS

      THIS RFA IS FILED UNDER ORDER 41 RULE - 1, 2 AND 4

R/W. SECTION 96 OF CPC., AGAINST THE JUDGMENT AND

DECREE DATED 13.12.2019 PASSED IN O.S.NO.78/2015 ON

THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL

MAGISTRATE FIRST CLASS, BADAMI, DISMISSING THE SUIT

FILED     FOR   DECLARATION,     PARTITION   AND    SEPARATE

POSSESSION.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:



                            ORDER

Learned counsel for the appellants is absent. There is

no representation even after the matter is passed over thrice

and again called at 02:36 PM.

The appeal is of the year 2020. The office objections

are not complied with in spite of the matter is listed for the

4th time.

NC: 2023:KHC-D:6806 RFA No. 100119 of 2020

The appellants are not interested in prosecuting the

matter. Hence, the appeal is dismissed for default i.e., for

non-prosecution.

SD/-

JUDGE

RH