Smt.Paravva vs Mahadevappa
2023 Latest Caselaw 3210 Kant

                                                    -1-
                                                           RSA No. 100526 of 2016




                             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. 100526 OF 2016 (PAR-)

                        BETWEEN:

                        1.    SMT.PARAVVA W/O GURUSIDDAPPA CHABBI,
                              AGE: 68 YEARS, OCC: NIL,
                              R/O: GHANTIKERI ONI, HUBBALLI,
                              DIST: DHARWAD.

                        2.    BASAPPA S/O GURUSIDDAPPA CHABBI,
                              AGE: 53 YEARS, OCC: NIL,
                              R/O: GHANTIKERI ONI, HUBBALLI,
                              DIST: DHARWAD.

                        3.    ISHWARAPPA S/O GURUSIDDAPPA CHABBI,
                              AGE: 48 YEARS, OCC: NIL,
                              R/O: GHANTIKERI ONI, HUBBALLI,
                              DIST: DHARWAD.

YASHAVANT
           Digitally
           signed by
                                                                     ...APPELLANTS
NARAYANKAR YASHAVANT
           NARAYANKAR


                        (BY SRI. S S BAWAKHAN, ADVOCATE- ABSENT)

                        AND:

                        1.    MAHADEVAPPA S/O SHIVIAPPA CHABBI,
                              AGE: 75 YEARS, OCC: BUSINESS,
                              R/O: GHANTIKERI ONI, HUBBALLI,
                              DIST: DHARWAD.

                                                                     ...RESPONDENT

                        (BY SRI. SANTOSH D NARAGUND, ADVOCATE)
                                 -2-
                                         RSA No. 100526 of 2016




     THIS RSA IS FILED UNDER SECTION100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 24.06.2015 PASSED IN
R.A.NO.115/2008 ON THE FILE OF THE I-ADDITIONAL DISTRICT
AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND
DECREE DATED 24.03.2008 AND THE DECREE PASSED IN FDP
NO.19/2006 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, HUBBALLI PARTLY DECREEING THE SUIT FILED FOR
PARTITION AND SEPARATE POSSESSION.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                              ORDER

There is no representation on behalf of the appellants.

On the last date of hearing, the learned counsel for the

appellants undertaken to ascertain regarding the execution of

final decree by today. But no submission is forthcoming in this

regard. This appeal is against drawing up of final decree and

the first appeal came to be dismissed. It appears that the final

decree has been executed, which has compelled the appellants

not to pursue the matter. Hence, the appeal stands dismissed

for non-prosecution.

Sd/-

JUDGE