Malleshappa S/O Basavanneppap ... vs Sangavva Hosavakkal W/O Late ...
2023 Latest Caselaw 3096 Kant

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                                               RFA No. 100316 of 2019




             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.100316/2019 (DEC/INJ)
            BETWEEN:

            MALLESHAPPA S/O. BASAVANNEPPAP DHANIGOND,
            AGE: 64 YEARS, OCC: AGRICULTURE,
            R/O: HIREHONNIHALLI,
            TQ: KALAGHATAGI, DIST: DHARWAD.
                                                    ...APPELLANT
            (BY SRI UDAYASHANKAR SHINDHE, ADVOCATE)

            AND:

            1.    SANGAVVA HOSAVAKKAL W/O. LATE IRAPPA,
                  AGE: 47 YEARS,
                  OCC: HOUSEWIFE AND AGRICULTURE,
                  R/O: HIREHONNIHALLI,
                  TQ: KALAGHATAGI, DIST: DHARWAD.

            2.    VEERBHADRAPPA HOSAVAKKAL S/O. LATE IRAPPA,
                  AGE: 20 YEARS, OCC: AGRICULTURE,
Digitally         R/O: HIREHONNIHALLI,
signed by         TQ: KALAGHATAGI, DIST: DHARWAD.
ROHAN
HADIMANI
T           3.    NAGRAJ HOSAVAKKAL S/O. LATE IRAPPA,
                  AGE: 18 YEARS, OCC: AGRICULTURE,
                  R/O: HIREHONNIHALLI,
                  TQ: KALAGHATAGI, DIST: DHARWAD.

            4.    SHASHIDHAR HOSAVAKKAL,
                  S/O. LATE VIRUPAKSHAPPA @ VEERUPANNA,
                  AGE: 18 YEARS, OCC: AGRICULTURE,
                  R/O: HIREHONNIHALLI, TQ: KALAGHATAGI,
                  DIST: DHARWAD.
                                                     ...RESPONDENTS
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                                        RFA No. 100316 of 2019




     THIS RFA IS FILED UNDER SECTION 96 R/W SECTION
151 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
19.12.2018 PASSED IN O.S.NO.179/2014 ON THE FILE OF THE
CIVIL JUDGE (JR.DN) AND JUDICIAL MAGISTRATE FIRST
CLASS, KALAGHATAGI, DECREEING THE SUIT FILED FOR
DECLARATION AND INJUNCTION.


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


                            ORDER

Learned counsel for the appellant is absent. No

representation.

The order sheet dated 26.05.2023 reads as under;

"Learned counsel for the appellant is absent. No representation is made. Office objections are not complied inspite of listing the same for the third time. I do not find any reason to adjourn the matter, however, to afford a final opportunity, list this matter on 09.06.2023."

Inspite of that, none of the office objections are

complied with.

RFA No. 100316 of 2019

The appellant is not interested in prosecuting the

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

non-prosecution.

SD/-

JUDGE

RH