Smt.K.Shivamma vs K.Ramalingappa
2023 Latest Caselaw 3095 Kant

                                        -1-
                                                 RFA No. 3003 of 2010




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                      DATED THIS THE 9TH DAY OF JUNE, 2023

                                     BEFORE
                       THE HON'BLE MRS. JUSTICE M.G.UMA
                 REGULAR FIRST APPEAL NO.3003/2010 (PAR/POS)
            BETWEEN:

            1.    SMT.K.SHIVAMMA W/O LATE LINGAPPA,
                  AGE: 77 YEARS, OCC:AGRICULTURE,
                  R/o: BELAGODHUHAL, NEAR KAMPLI,
                  TAL: HOSAPETE,
                  DIST: VIJAYANAGAR - 583 104.

            2.    SMT. K.SUNEETHA, W/O. BHEEMAPPA,
                  AGED: 32 YEARS, OCC: AGRICULTURE,
                  R/O: A.N.GUDI, TAL: HOSAPETE,
                  DIST: VIJAYANAGAR - 583 104.

            3.    SRI K.GANESH MURTHY @ B.K.MURTHY,
                  S/O. K.RAMALINGAPPA , AGE: 26 YEARS,
                  OCC:AGRICULTURE, R/O: BELAGODHUHAL,
                  NEAR KAMPLI, TAL: HOSPET,
                  DIST: VIJAYANAGAR - 583 104.
Digitally
signed by   4.    SRI K.THAYI KUMAR S/O. K.RAMALINGAPPA,
ROHAN
HADIMANI          AGE: 23 YEARS, OCC:AGRICULTURE,
T                 R/O: BELAGODHUHAL, NEAR KAMPLI,
                  TAL: HOSPET,
                  DIST: VIJAYANAGAR - 583 104.

            5.  SMT. K. JAYA LAKSHMI W/O. K.RAMALINGAPPA,
                AGE: 42 YEARS, OCC:AGRICULTURE,
                R/O: BELAGODHUHAL, NEAR KAMPLI,
                TAL: HOSAPETE,
                DIST: VIJAYANAGAR - 583 104.
                                                      ...APPELLANTS
            (BY SRI F. V. PATIL, ADVOCATE)

            AND:
                            -2-
                                     RFA No. 3003 of 2010




1.   SRI K.RAMALINGAPPA S/O. LATE LINGAPPA,
     AGE: 46 YEARS, OCC:AGRICULTURE,
     R/O: BELAGODHUHAL, NEAR KAMPLI,
     TAL: HOSPET, DIST: VIJAYANAGAR - 583104.

2.   SRI KARKAL GOPAL
     S/O KARKAL BALANINGAPPA,
     SINCE DECEASED BY HIS LRS.

2A. SMT. K. NAGARATHNAMMA,
    W/O. LATE KARKAL GOPAL,
    AGE: 55 YEARS, OCC: HOUSEWIFE,
    R/O: VINAYAK NAGAR, NEAR VENKATESHWAR
    TALKIES, KOTTAL ROAD, KAMPLI,
    TAL: HOSAPETE, DIST: VIJAYANAGAR - 583104.

2B. SRI K. RAMKRISHNA,
     S/O. LATE KARKAL GOPAL,
     AGE: 35 YEARS, OCC: AGRIUCLTURE,
     R/O: VINAYAK NAGAR, NEAR VENKATESHWAR
     TALKIES, KOTTAL ROAD, KAMPLI,
     TAL: HOSAPETE,
     DIST: VIJAYANAGAR - 583104.
                                       ...RESPONDENTS
(BY SRI PRAVEEN RAIKOTE,
ADVOCATE FOR R2 (A) AND R2(B);
NOTICE TO R1 IS SERVED)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 20-08-2009
PASSED IN OS.NO.190/2007 ON THE FILE OF THE PRINCIPAL
CIVIL JUDGE (SR.DN) & JMFC., HOSPET, DECREEING THE SUIT
FILED FOR PARTITION AND SEPARATE POSSESSION.


     THIS RFA , COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT PASSED THE FOLLOWING:
                                  -3-
                                             RFA No. 3003 of 2010




                               ORDER

Learned counsel for the appellant is absent and no

representation is made. The order sheet dated 02.06.2023

reads as under:

"Learned counsel for the appellants is absent. No representation.

The appeal is of the year 2010. I do not find any reason to adjourn the matter, however, in order to afford final opportunity, list this matter on 09.06.2023."

Inspite of that there is no representation. The appeal is of the

year 2010. The appellant is not interested in prosecuting the

appeal. Hence, the appeal is dismissed for default, i.e., for

non-prosecution.

SD/-

JUDGE BVV