Karnataka High Court
Maruti S/O Yallappa Helavi vs Kumari.Manjula D/O Ramappa ... on 11 July, 2023
Bench: Ashok S. Kinagi, Venkatesh Naik
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NC: 2023:KHC-D:7013-DB
RFA No. 100250 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
REGULAR FIRST APPEAL NO. 100250 OF 2015
BETWEEN:
1. MARUTI S/O. YALLAPPA HELAVI
SINCE DECEASED BY HIS LRS
1(A). SIDDAPPA S/O. MARUTI HELAVAI,
AGE: MAJOR, OCC: AGRICULTURE.
1(B). HANMANT S/O. MARUTI HELAVAI,
AGE: MAJOR, OCC: AGRICULTURE,
BOTH ARE RESIDENCE OF MANTUR,
TQ: RAIBAG, DIST: BELAGAVI.
...APPELLANTS
(BY SRI.AHAMED ALI RAHIMAN SHAH, ADV. (ABSENT))
AND:
1. KUMARI. MANJULA D/O. RAMAPPA HELAVI,
Digitally signed
by AGE: 21 YEARS, OCC: HOUSHOLD WORK,
MOHANKUMAR
B SHELAR R/O: HALLUR, TQ: RAIBAG,
Date:
2023.07.14
DIST: BELAGAVI.
15:28:43 +0530
2. RAJU S/O. RAMAPPA HELAVI,
AGE: 17 YEARS, R/O: HALLUR,
TQ: RAIBAG, DIST: BELAGAVI,
REPRESENTED BY NATURAL MOTHER
AND M/G (NEXT FRIEND)
SMT.CHANDRAVVA W/O. RAMAPPA HELAVI,
AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
R/O: HALLUR, TQ: RAIBAG, DIST: BELGAVI.
3. SMT.CHANDRAVVA W/O. RAMAPPA HELAVI,
AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
R/O: MANTUR, TQ: RAIBAG, DIST: BELGAVI.
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NC: 2023:KHC-D:7013-DB
RFA No. 100250 of 2015
4. SAGAR S/O. AJJAPPA @ PARASHURAM HELAVI,
AGE: 21 YEARS, OCC: AGRICULTURE,
R/O: MANTUR, TQ: RAIBAG,
DIST: BELGAVI.
5. SMT. LALITA W/O. AJJAPPA @ PARASHURAM HELAVI,
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O: MANTUR, TQ: RAIBAG,
DIST: BELGAVI.
6. AJJAPPA @ PARASHURAM S/O. YALLAPPA HELAVI,
AGE:55 YEARS, OCC: AGRICULTURE,
R/O: MANTUR, TQ: RAIBAG,
DIST: BELGAVI.
7. SMT. SAVAKKA W/O. LAXMAN HELAVI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: MANTUR, TQ: RAIBAG,
DIST: BELGAVI.
8. YAMANAWWA D/O. LAXMAN HELAVI,
AGE:20 YEARS, OCC: HOUSEHOLD WORK,
R/O:MANTUR, TQ: RAIBAG,
DIST: BELGAVI.
9. MAYAVVA W/O. SANJU SHINDIHATTI,
AGE:30 YEARS, OCC: HOUSEHOLD WORK,
R/O: NADIGUDIKETAR, TQ: HUKKERI,
DIST: BELAGAVI.
10. SMT. LAXMIBAI W/O. YAMANAPPA HELAVI,
AGE:35 YEARS, OCC: HOUSEHOLD WORK,
R/O: PARAMANANDAWADI, TQ: RAIBAG,
DIST: BELAGAVI.
11. SMT. SAATYAVVA W/O. SIDDAPPA HELAVAR,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O: ASTAVINAYAK COLONY, MADHAV NAGAR,
TQ: SHIROL, DIST: KOLHAPUR.
12. SMT. MAYAVVA W/O. APPASAB HELAVAR,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O: CHINCHALI, TQ: RAIBAG,
DIST: BELGAVI.
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NC: 2023:KHC-D:7013-DB
RFA No. 100250 of 2015
13. SMT. YALLAWWA W/O. LAXMAN HELAVI,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O: THALAKATNAL, TQ: GOKAK,
DIST: BELGAVI.
14. SHANKAR S/O. MTIPPANNA HELAVI,
AGE:35 YEARS, OCC: HOUSEHOLD WORK,
R/O: MUDALAGI, TQ: GOKAK,
DIST: BELGAVI.
15. MARUTI S/O. TIPPANNA HELAVI,
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O: MUDALAGI, TQ: GOKAK,
DIST: BELGAVI.
16. SMT. YALLAVVA W/O. MAYAPPA HELAVI,
AGE:50 YEARS, OCC: HOUSEHOLD WORK
R/O: NILAJI, TQ:GOKAK,
DIST:BELGAVI.
17. APPANNA S/O. TIPPANNA HELAVI,
AGE:55 YEARS, OCC: AGRICULTURE,
R/O:PARAMANANDAWADI,
TQ:RAIBAG, DIST:BELGAVI.
18. HANMANTH S/O. LAKKAPPA HELAVI,
AGE:30 YEARS, OCC:AGRICULTURE,
R/O: SHIVAPUR, TQ: GOKAK,
DIST: BELGAVI.
...RESPONDENTS
(R1, R3, R9, R11 TO R15- APPEAL STANDS DISMISSED;
R2-MINOR REPRESENTED BY R3;
R4 TO R8, R10, R16 TO R18-SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SEC.96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 31.01.2015 PASSED IN
O.S.NO.7/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, RAIBAG, PARTLY DECREEING THE SUIT FILED FOR PARTITION
AND SEPARATE POSSESSION.
THIS RFA COMING ON FOR ORDERS, THIS DAY, ASHOK S.
KINAGI, J., DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:7013-DB
RFA No. 100250 of 2015
JUDGMENT
This appeal is filed on 16.11.2015. The appeal was
admitted on 10.04.2023 and eight weeks time was granted to
file paper books. In spite of granting eight weeks time, the
appellants have not filed paper books. The matter was listed on
03.07.2023 and none appears for the appellants. Finally one
week time was granted for filing of paper books, subject to
payment of cost of R.1,500/- to the Advocates Association,
Library Fund, High Court of Karnataka and Rs.1,500/- to the
Advocates Clerks Association, High Court of Karnataka, failing
which, the appeal shall be listed for dismissal. Even today, none
appears for the appellants and neither the paper books are filed
nor cost is paid by the appellants. It shows that appellants are
not interested in prosecuting the appeal.
In view of the peremptory order, the appeal is dismissed
for non-filing of paper books.
Sd/-
JUDGE
Sd/-
JUDGE
MBS
