Karnataka High Court
Smt Basavva vs Basappa S/O Basappa Devihal @ ... on 26 July, 2023
Bench: Rajendra Badamikar
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NC: 2023:KHC-D:7789
RSA No. 5257 of 2010
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
REGULAR SECOND APPEAL NO. 5257 OF 2010 (PAR-)
BETWEEN:
1. SMT. BASAVVA
W/O SHIVAPPA HARAVI
AGE: 60 YEARS, R/O: KUNDAGOL,
TAL: KUNDAGOL, DIST: DHARWAD-511113.
2. SMT. NINGAVVA
W/O DEVAPPA PANIGATTI
AGE: 56 YEARS, R/O: GUDAGERI VILLAGE,
TAL: KUNDAGOL, DIST: DHARWAD-511113.
3. SMT. HOLALAVVA
W/O MALLAPPA GAJIYAVAR
AGE: 54 YEARS,
R/O: BOMMANAHALLI VILLAGE,
TAL:HANGAL, DIST:HAVERI-581110.
Digitally
4. SMT. SAVAKKA
signed by
YASHAVANT
YASHAVANT
NARAYANKAR
NARAYANKAR Date:
W/O SHIVAPPA GUNJAL
AGE 52 YEARS, R/O: KADAKOL VILLAGE,
2023.07.26
16:54:16 -
0700
TAL: SAVANUR, DIST: HAVERI-581110.
5. PARAMESHAPPA
S/O SHIVAPPA DEVIHAL
@ MACHENAHALLI, AGE: 50 YEARS,
R/O: SHISHUVINAHAL, TAL: SHIGGAON,
DIST: HAVERI-581110.
6. BASAPPA
S/O SHIVAPPA DEVIHAL
@ MACHENAHALLI, AGE: 43 YEARS,
R/O: SHISHUVINAHAL, TAL: SIGGAON,
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NC: 2023:KHC-D:7789
RSA No. 5257 of 2010
DIST: HAVERI-581110.
7. CHANNABASAPPA
S/O SHIVAPPA DEVIHAL
@ MACHENAHALLI, AGE: 41 YEARS,
R/O: SHISHUVINAHAL, TAL: SIGGAON,
DIST: HAVERI-581110.
...APPELLANTS
(BY SRI. SHASHIKALA L DESAI;
SRI A.B.ENAGI(NOC OBTAINED)- ABSENT, ADVOCATES;
A6 STANDS ABATED)
AND:
1. BASAPPA
S/O BASAPPA DEVIHAL
@ MACHENAHALLI, AGE: 45 YEARS,
R/O: SHISHUVINAHAL, TAL: SIGGAON,
DIST: HAVERI-581110.
2. HOLALEPPA
S/O BASAPPA DEVIHAL
@ MACHENAHALLI, AGE: 47 YEARS,
R/O: SHISHUVINAHAL, TAL: SIGGAON,
DIST: HAVERI-581110.
3. NAGAPPA SIDDALINGAPPA DEVIHAL
AGE: 60 YEARS,
R/O: SHISHUVINAHAL,
TAL: SIGGAON,
DIST: HAVERI-581110.
3.A SMT. DYAMAVVA
W/O LATE NAGAPPA
AGED ABOUT 60 YEARS,
3.B SMT. RATNAWWA
W/O SHIVAPPA KANDAY
D/O LATE NAGAPPA, AGED ABOUT 40 YEARS,
3.C SRI. DYAMANNA
S/O LATE NAGAPPA
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RSA No. 5257 of 2010
AGED ABOUT 35 YEARS,
3.D SRI. BASAVARAJ
S/O LATE NAGAPPA
AGED ABOUT 30 YEARS,
3.E SRI. MUTTAPPA
S/O LATE NAGAPPA
AGED ABOUT 28 YEARS,
3.F SRI. MANJAPPA
S/O LATE NAGAPPA
AGED ABOUT 25 YEARS,
ALL ARE R/O: SHISHUVINAHAL,
TQ: SHIGGAON,
DIST: HAVERI.
...RESPONDENTS
(BY SRI. SHARAD V MAGADUM ADV. FOR R1 AND R2(NOC),
APPEAL STANDS DISMISSED AS AGAINST R3(B) AND R3(C);
R3(A), R3(D), R3(E), R3(F)-NOTICE SERVED)
THIS RSA IS FILED U/S.100 OF CPC AGAINST THE
JUDGMENT AND DECREE DTD: 08-12-2009 PASSED IN
R.A.NO.66/2009 (OLD NO.27/1992) ON THE FILE OF THE
DISTRICT JUDGEM (FAST TRACK COURT), HAVERI, ALLOWING
THE APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE
DTD: 23-06-1992 PASSED IN O.S.NO.10/1987 ON THE FILE OF
THE MUNSIFF, AT SAVANUR, DISMISSING THE SUIT FILED FOR
PARTITION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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RSA No. 5257 of 2010
ORDER
The learned counsel for the appellants is absent. There
is no representation on behalf of the appellants. The appeal
as regards appellant No.6 is already abated. Even during
second call, there is no representation on behalf of the
appellants. It is evident that the appellants are not
interested in prosecuting the appeal. Hence, the appeal
stands dismissed for non-prosecution.
Sd/-
JUDGE
