Smt.Devaki W/O Shivanaik Naik vs Shri.Bhimappa S/O Hanumantappa ...
2023 Latest Caselaw 2764 Kant

                                      -1-
                                                RFA No. 100533 of 2018




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                     DATED THIS THE 1ST DAY OF JUNE, 2023

                                    BEFORE
                      THE HON'BLE MRS. JUSTICE M.G.UMA
             REGULAR FIRST APPEAL NO. 100533/2018 (PAR/POS)
            BETWEEN:

            1.   SMT.DEVAKI W/O. SHIVANAIK NAIK,
                 AGE ABOUT 58 YEARS, OCC: HOUSEHOLD,
                 R/O AT POST: HUDALI,
                 TQ. AND DIST: BELAGAVI.
            2.   SRI MALLIKARJUN S/O. SHIVANAIK,
                 AGE ABOUT 32 YEARS, OCC: GOVT. SERVICE,
                 R/O: AT POST: HUDALI,
                 TQ. AND DIST: BELAGAVI.
            3.   SMT. DEEPA W/O RAMANAGOUDA PATIL,
                 AGE ABOUT 30 YEARS, OCC: HOUSEWIFE,
                 R/O AT POST: MADAMGERI,
                 TQ: SAUNDATTI, DIST: BELAGAVI.
            4.   SHRI PRAKASH S/O SHIVANAIK NAIK,
                 AGED ABOUT 28 YEARS,
                 OCC: PRIVATE SERVICE,
                 R/O AT POST: HUDALI,
Digitally
signed by        TQ. AND DIST: BELAGAVI.
MANJANNA
E
            5.   SHRI SURESH S/O SHIVANAIK NAIK,
                 AGED ABOUT 28 YEARS,
                 OCC: PRIVATE SERVICE,
                 R/O: AT POST: HUDALI,
                 TQ. AND DIST: BELAGAVI.
                                                         ...APPELLANTS
            (BY SRI SUNIL S. DESAI, ADVOCATE)

            AND:

            1.   SHRI BHIMAPPA,
                 S/O HANUMANTAPPA NAIK @ PATIL,
                 AGE ABOUT 87 YEARS, OCC: PENSIONER,
                             -2-
                                    RFA No. 100533 of 2018




     R/O: VANNUR VILLAGE, TQ: BAILHONGAL,
     DIST: BELAGAVI.
2.   SHRI MALLAPPA S/O BHIMAPPA NAIK,
     AGE: 60 YEARS, OCC: AGRICULTURE,
     R/O: MADAMGERI VILLAGE,
     TQ: SAUNDATTI, DIST: BELAGAVI.
3.   SMT.NINGAWWA,
     W/O SHIVANAIK GAJANNAVAR,
     AGE ABOUT 59 YEARS, OCC: HOUSEWIFE,
     R/O: MUTAGA VILLAGE,
     TQ AND DIST: BELAGAVI.

4.   SHRI RAMESH S/O. BHIMAPPA NAIK,
     AGE: 57 YEARS, OCC: GOVERNMENT SERVICE,
     R/O: MADAMGERI VILLAGE,
     TQ: SAUDNATTI, DIST: BELAGAVI.
                                        ...RESPONDENTS

     THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND
DECREE DATED 05.02.2018 PASSED IN O.S.NO.69/2016 ON
THE FILE OF THE SENIOR CIVIL JUDGE, BAILHONGAL,
DISMISSING THE SUIT FILED FOR 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

twice and again called out at 02:45 PM.

Office objections are not complied with inspite of the

matter is listed for non-compliance of office objections for

RFA No. 100533 of 2018

the 6th time. Order sheet dated 25.05.2023 reads as

under:

"Learned counsel for the appellants is absent. No

representation even after the matter is passed over twice. The appeal is of the year 2018. Office has raised several objections and the same are not complied with though the matter is listed for non-compliance of office objection for the 5th time. I do not find any reason to adjourn the matter.

However, to afford final opportunity, list this matter on 01.06.2023."

In view of the above, the appeal is dismissed for

default i.e. for non-prosecution.

SD/-

JUDGE

RH