Shailaja W/O Kumareshwar ... vs Mahantayya Sidramayya ...
2023 Latest Caselaw 4459 Kant

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                                            NC: 2023:KHC-D:7218
                                             RFA No. 100026 of 2015




             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.100026/2015 (PAR)

            BETWEEN:

            SMT. SHAILAJA W/O. KUMARESHWAR HIREMATH,
            AGE: 40 YEARS, OCC: HOUSEHOLD,
            R/O: PLOT NO.34, VIDYA NAGAR,
            MAHALINGPUR-587 312.
            TALUKA: MUDHOL, DIST: BAGALKOT.
                                                       ...APPELLANT
            (BY SRI N.V. CHINNAPPAGOUDA, ADVOCATE)

            AND:

            SHRI MAHANTAYYA SIDRAMAYYA CHATTIMATH,
            (DIED ON 10.06.2012)-
            APPELLANT and RESPONDENTS ARE
            HIS LEGAL REPRESENTATIVES.

Digitally   1.   SMT. NEELAWWA W/O. MAHANTAYYA CHATTIMATH,
signed by
VINAYAKA         AGE: 71 YEARS, OCC: HOUSEHOLD,
BV               R/O: YADWAD - 591136,
                 TALUKA: GOKAK, DIST: BELAGAVI.

            2.   SHRI SHIDRAMAYYA MAHANTAYYA CHATTIMATH,
                 AGE: 52 YEARS, OCC: BUSINESS,
                 R/O: YADWAD-591136, TALUKA: GOKAK,
                 DIST: BELAGAVI.

            3.   SHRI VISHWANATH MAHANTAYYA CHATTIMATH,
                 AGE: 50 YEARS, OCC: AGRICULTURE,
                 R/O: YADWAD-591136 TALUKA: GOKAK,
                 DIST: BELAGAVI.
                                   -2-
                                         NC: 2023:KHC-D:7218
                                           RFA No. 100026 of 2015




4.   SHRI BASAVARAJ MAHANTAYYA CHATTIMATH,
     AGE: 48 YEARS, OCC: AGRICULTURE,
     R/O: BASAVANAGAR MAHALINGPUR-587312,
     TALUKA: MUDHOL, DIST: BAGALKOT.

5.   SHRI IRAYYA MAHANTAYYA CHATTIMATH,
     AGE: 45 YEARS, OCC: BUSINESS,
     R/O: VIDYA NAGAR-MAHALINGPUR-587312,
     TALUKA: MUDHOL, DIST: BAGALKOT.

6.  SHRI RAJSHEKHAR MAHANTAYYA CHATTIMATH,
    AGE: 36 YEARS, OCC: AGRICULTURE,
    R/O: YADWAD-591136,
    TALUKA: GOKAK, DIST: BELAGAVI.
                                         ...RESPONDENTS
(BY SRI GURUDEV GACHCHINAMATH, ADVOCATE
FOR R3 AND R5; SRI KIRANAKUMAR S.
CHATTIMATH, ADVOCATE FOR R2;
SRI VEERESH BUDIHAL, ADVOCATE FOR R4;
NOITCE TO R1 AND R6 ARE HELD SUFFICIENT)

     THIS RFA IS FILED UNDER ORDER XLI RULE-1 R/W.
SEC.96 OF CIVIL PROCEDURE CODE, 1908, AGAINST THE
JUDGMENT AND DECREE DATED 31.10.2014, PASSED IN
O.S.NO.65/2009, ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE, GOKAK, DECREEING THE SUIT FILED FOR
PARTITION AND SEPARATE POSSESSION.

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

                              ORDER

Learned counsel for the appellant is absent. No

representation.

2. The order sheet dated 23.06.2023 reads as under;

NC: 2023:KHC-D:7218 RFA No. 100026 of 2015

"Learned counsel for the appellant is absent even though the matter is passed over twice and again called out at 02:55 PM.

The appeal is of the year 2015. Till today, the paper books are not filed.

List this matter finally as a last chance on 14.07.2023."

3. Inspite of that, neither paperbook is filed, nor there is

any representation. It appears that the appellant is not

interested in prosecuting the appeal. Hence, appeal is

dismissed for non-prosecution.

SD/-

JUDGE

PN