Vijaykumar Halalli S/O Monappa @ ... vs Ramappa Halalli S/O Shivajeppa ...
2023 Latest Caselaw 3098 Kant

                                       -1-
                                               RFA No. 100079 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.100079/2019 (PAR/POS)
            BETWEEN:

            1.   VIJAYKUMAR HALALLI S/O. MONAPPA @ MOHAN,
                 AGE: 31 YEARS, OCC: INDIAN ARMY,
                 R/O: HARLAPUR VILLAGE,
                 AT PRPESENT R/O: MALWAD VILLAGE,
                 TALUK: RON, DIST: GADAG.

            2.   KUMARI VEENA D/O. MONAPPA HALALLI,
                 AGE: 24 YEARS, OCC: STUDENT,
                 R/O: HARLAPUR VILLAGE,
                 AT PRPESENT R/O: MALWAD VILLAGE,
                 TALUK: RON, DIST: GADAG.

            3.   KUMARI VIDYA D/O. MONAPPA HALALLI,
                 AGE: 22 YEARS, OCC: STUDENT,
                 R/O: HARLAPUR VILLAGE,
                 AT PRPESENT R/O: MALWAD VILLAGE,
Digitally        TALUK: RON, DIST: GADAG.
signed by
ROHAN
HADIMANI    4.   SMT.NARMADA W/O MONAPPA HALALLI,
T                AGE: 62 YEARS, OCC: HEALTH WORKER,
                 R/O: HARLAPUR VILLAGE,
                 AT PRPESENT R/O: MALWAD VILLAGE,
                 TALUK: RON, DIST: GADAG.
                                                       ...APPELLANTS
            (BY SRI D. M. BANDI, ADVOCATE)

            AND:

            1.   RAMAPPA HALALLI S/O SHIVAJEPPA HALALLI,
                 AGE: 53 YEARS, OCC: AGRICULTURE,
                 R/O: HARLAPUR VILLAGE,
                 TALUK: RON, DIST: GADAG,
                                -2-
                                        RFA No. 100079 of 2019




     AT PRPESENT: SAVADATTI VILLAGE,
     DIST: BELAGAVI.

2.   CHANDRASHEKHARAPPA,
     S/O SHIVAJEPPA HALALLI,
     AGE: 43 YEARS, OCC: AGRICULTURE,
     R/O: HARLAPUR VILLAGE,

3.   LAXMIBAI HALALLI,
     W/O CHANDRASHEKHARAPP,
     AGE: 38 YEARS, OCC: HOUSEHOLD,
     R/O: HARLAPUR VILLAGE,
     TALUK: RON, DIST: GADAG.
                                                ...RESPONDENTS

     THIS RFA IS FILED UNDER SECTION 96 OF CIVIL
PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE
DATED 05.11.2018 PASSED IN O.S.NO.235/2016 ON THE FILE
OF THE ADDITIONAL SENIOR CIVIL JUDGE, GADAG,
DISMISSING THE SUIT FILED FOR DECLARATION, 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. 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."

RFA No. 100079 of 2019

Inspite of that, none of the office objections are

complied with.

The appellants are not interested in prosecuting the

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

non-prosecution.

SD/-

JUDGE

RH