Karnataka High Court
Ganesh Yellappagouda Patil vs Smt Rajavva on 13 June, 2023
Bench: Rajendra Badamikar
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RSA No. 2173 of 2007
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
REGULAR SECOND APPEAL NO. 2173 OF 2007 (INJ)
BETWEEN:
1. GANESH YELLAPPAGOUDA PATIL
S/O YELLAPPAGOUDA PATIL,
AGED: ABOUT 45 YEARS,
RESIDING AT YELLAPUR ONI,
HUBBALLI, DIST: DHARWAD-580020.
2. SMT. SHANTAWWA
WO YELLAPPAGOUDA PATIL,
AGED: ABOUT 65 YEARS,
RESIDING AT YELLAPUR ONI,
HUBBALLI, DIST: DHARWAD-580020.
3. SRI. JAGADISHGOUDA
S/O YELLAPPAGOUDA PATIL,
AGED: ABOUT 47 YEARS,
RESIDING AT YELLAPUR ONI,
HUBBALLI, DIST: DHARWAD-580020.
4. SMT. SHAKUNTALA
W/O YELLAPPAGOUDA PATIL,
Digitally AGED: ABOUT 40 YEARS,
YASHAVANT signed by
NARAYANKAR YASHAVANT
NARAYANKAR
RESIDING AT YELLAPUR ONI,
HUBBALLI, DIST: DHARWAD-580020.
5. SMT. SHARADA
W/O PADAGANNAVAR,
AGED: ABOUT 40 YEARS,
RESIDENT OF YELLAPUR ONI,
HUBBALLI, DIST: DHARWAD-580020.
6. SRI. FAKRUDDIN
S/O AKBARALI MAGAR,
AGED: ABOUT 50 YEARS,
RESIDING AT YELLAPUR ONI,
HUBBALLI, DIST: DHARWAD-580020.
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RSA No. 2173 of 2007
...APPELLANTS
(BY SRI. N.S.KINI FOR A1 TO A3 AND A6;
SMT. SHAKUNTALA YELLAPPAGOUDA PATIL FOR A4;
SMT. SHARADA PADAGANNAVAR FOR A5, ADVOCATES)
AND:
1. SMT. RAJAVVA
W/O DHONDIRAM SIKKALIGAR,
AGED: ABOUT 53 YEARS,
RESIDING AT BANKAPUR CHOWK,
WALIVEKAR HAKALA,
HUBBALLI, DIST: DHARWAD-580020.
2. SMT. YELLAMMA
W/O MAHADEVAPPA HOSAMANI,
AGED: ABOUT 51 YEARS,
RESIDING AT ASAR ONI,
HUBBALLI, DIST: DHARWAD-580020.
3. SMT. NAGAMMA
W/O RAMAPPA HANAMANAHALLI,
AGED: ABOUT 51 YEARS,
RESIDING AT ASAR ONI,
HUBBALLI, DIST: DHARWAD-580020.
4. SRI. PRAKASH
S/O RAJAPPA BILANAL,
AGED: ABOUT 43 YEARS,
RESIDING AT BANKAPUR CHOWK,
WALVEKAR HAKKAL,
HUBBALLI, DIST: DHARWAD-580020.
5. SRI. MOHAN
S/O RAJAPPA BILANAL,
AGED: ABOUT 37 YEARS,
RESIDING AT BANKAPUR CHOWK,
WALVEKAR HAKKAL,
HUBBALLI, DIST: DHARWAD-580020.
6. SRI. RAJENDRAGOUDA
S/O YELLAPPAGOUDA PATIL,
AGED: ABOUT 55 YEARS,
RESIDING AT HUBBALLI,
DIST: DHARWAD-580020.
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RSA No. 2173 of 2007
7. SMT. GIRIJAWWA
W/O BHIMANGOUDA PATIL,
AGED: ABOUT 41 YEARS,
RESIDING AT YELLAPUR ONI,
HUBBALLI,DIST: DHARWAD-580020.
8. SMT. UMADEVI
W/O JOTIYAPPA BANTHI,
AGE: 55 YEARS,
RESIDING AT YELLAPUR ONI,
HUBBALLI,
DIST: DHARWAD-580020.
9. SRI. RANGANATH
S/O GURURAO WALVEKAR PATIL,
AGED: ABOUT 85 YEARS,
RESIDING AT YELLAPUR ONI,
HUBBALLI, DIST: DHARWAD-580020.
10. SRI. RAGHUDEV
S/O GURUDEV WALVEKAR PATIL,
AGED: ABOUT 81 YEARS,
RESIDING AT YELLAPUR ONI,
HUBBALLI, DIST: DHARWAD-580020.
...RESPONDENTS
(BY SRI. B.K.MALLIGAWAD ADV. FOR R1 TO R5;
HEGDE ASSOCIATES BY R MALLIKARJUNA ADV. FOR C/R1 TO R5)
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGEMENT
AND DECREE DATED 03.04.2007 PASSED IN RA.NO.160/2004 ON
THE FILE OF THE II ADDL.CIVIL JUDGE (SR.DN.) HUBLI, ALLOWING
THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DT.
22.11.2004 PASSED IN OS.NO.390/2002 ON THE FILE OF THE III
ADDL.CIVIL JUDGE, (JR.DN.) HUBLI.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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RSA No. 2173 of 2007
ORDER
Learned counsel for the appellants prays time on the
ground that he has engaged a senior counsel but senior counsel
had gone to the America. However, it is important to note here
that this appeal is against the judgment and decree of the Trial
Court pertaining for bare injunction. The suit was decreed by
the Trial Court while the First Appellate Court has reversed the
said findings. The matter is pending since 2007 and for last 16
years, the matter is being adjourned for one or other reasons.
Nothing prevented the counsel on records to argue the matter
or engage any other senior counsel.
On 26.05.2023 this Court has passed a peremptory order,
but in spite of the same, no arguments are being advanced.
Hence, prayer for adjourned stands rejected and appeal
stands dismissed for non-prosecution.
Sd/-
JUDGE
SSP
