Smt.Baby W/O Subhas Aratti @ Pujar vs Yallappa S/O Laxmappa Pujar
2023 Latest Caselaw 4457 Kant

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                                             NC: 2023:KHC-D:7219
                                                RFA No. 100056 of 2019




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                    DATED THIS THE 14TH DAY OF JULY, 2023

                                    BEFORE

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

             REGULAR FIRST APPEAL NO.100056/2019 (PAR/POS)

            BETWEEN:

            SMT.BABY W/O. SUBHAS ARATTI @ PUJAR,
            AGE: 47 YEARS, OCC: HOUSEHOLD WORK,
            R/O: JAKANUR, TQ: BADAMI,
            DIST: BAGALKOTE 587 201.
                                                          ...APPELLANT
            (BY SRI M. M. HIREMATH, ADVOCATE)

            AND:

            1.   YALLAPPA S/O. LAXMAPPA PUJAR,
                 AGE: 67 YEARS, OCC: AGRICULTURE,
                 R/O: ANKALAGI, TQ: BADAMI,
                 DIST: BAGALKOTE - 587 201.

            2.   NEELAVVA @ NIMBAVVA W/O. YALLAPPA PUJAR,
Digitally        AGE: 61 YEARS, OCC: HOUSEHOLD WORK,
signed by        R/O: JAKANUR, TQ: BADAMI,
VINAYAKA
BV               DIST: BAGALKOTE - 587 201.

            3.   VENKAPPA S/O. BASAPPA PUJAR,
                 AGE: 48 YEARS, OCC: AGRICULTURE,
                 R/O: ANKALAGI, TQ: BADAMI,
                 DIST: BAGALKOTE - 587 201.

            4.   LAXMAPPA S/O. BASAPPA PUJAR,
                 AGE: 46 YEARS, OCC: AGRICULTURE,
                 R/O: ANKALAGI, TQ: BADAMI,
                 DIST: BAGALKOTE - 587 201.
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                                        NC: 2023:KHC-D:7219
                                          RFA No. 100056 of 2019




5.   MAHADEVI W/O. YALLAPPA PUJAR,
     AGE: 57 YEARS, OCC: HOUSEHOLD WORK,
     R/O: JAKANUR, TQ: BADAMI,
     DIST: BAGALKOTE - 587 201.
                                        ...RESPONDENTS

     THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER 41 FULE 1 OF CPC., AGAINST THE JUDGMENT AND
DECREE DTD 28.06.2018 PASSED IN O.S.NO.63/2015 ON THE
FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BAGALKOT,
PARTLY DECREEING THE SUIT FILED FOR PARTITION.

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

                              ORDER

Learned counsel for the appellant has filed a memo dated

23.06.2023 seeking permission to retire from the present case.

He has produced copy of the notice issued to the appellant

along with the postal acknowledgment for having served on the

appellant and submits that notice upon appellant has already

served, inspite of that, there is no instruction.

Memo is taken on record.

Learned counsel for the appellant is permitted to retire

from the present case.

NC: 2023:KHC-D:7219 RFA No. 100056 of 2019

2. The appeal is of the year 2019. It appears that the

appellant is not interested in prosecuting the appeal. Hence,

appeal is dismissed for non-prosecution.

SD/-

JUDGE

PN