Krishnaji Parashuram Sutar vs Gavadi Mahadev Patil
2023 Latest Caselaw 3336 Kant

                                                    -1-
                                                                 RSA No. 5225 of 2012




                             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                  DATED THIS THE 15TH DAY OF JUNE, 2023

                                                  BEFORE

                               THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR

                              REGULAR SECOND APPEAL NO. 5225 OF 2012 (INJ-)

                        BETWEEN:
                              KRISHNAJI PARASHURAM SUTAR
                              SINCE DECEASED BY HIS LRS

                        1.    RUKMINI W/O. KRISHNAJI SUTAR
                              AGE: 65 YEARS, OCC: HOUSEHOLD
                              R/O. BHUTTEWADI, TQ: KHANAPUR,
                              DIST: BELGAUM.

                        2.    LAXMAN KRISHNAJI SUTAR
                              AGE: 40 YEARS, OCC: AGRICULTURE,
                              R/O. BHUTTEWADI, TQ: KHANAPUR,
                              DIST: BELGAUM.

                        3.    ASHOK KRISHNAJI SUTAR
           Digitally
                              AGE: 36 YEARS, OCC: AGRICULTURE,
YASHAVANT  signed by
NARAYANKAR YASHAVANT
           NARAYANKAR         R/O. BHUTTEWADI, TQ: KHANAPUR,
                              DIST: BELGAUM.

                        4.    MAHESH KRISHNAJI SUTAR
                              AGE: 33 YEARS, OCC: AGRICULTURE,
                              R/O. BHUTTEWADI, TQ: KHANAPUR,
                              DIST: BELGAUM.

                        5.    REHUKA W/O. DEEPAK SUTAR
                              AGE: 30 YEARS, OCC: HOUSEHOLD
                              R/O. BHUTTEWADI, TQ: KHANAPUR,
                              DIST: BELGAUM.
                            -2-
                                      RSA No. 5225 of 2012




6.   GEETA D/O.KRISHNAJI SUTAR
     AFTER MARRIAGE KNOWN AS GEETA
     W/O. TANAJI LOHAR
     AGE: 28 YEARS, OCC: HOUSEHOLD
     R/O. BHUTTEWADI, TQ: KHANAPUR,
     DIST: BELGAUM.

     NAGAPPA PARASHURAM SUTAR
     SINCE DECEASED BY HIS LRS

7.   RAMAKKA W/O. NAGAPPA SUTAR
     AGE: 68 YEARS, OCC: HOUSEHOLD
     R/O. BHUTTEWADI, TQ: KHANAPUR,
     DIST: BELGAUM.

8.   PARASHURAM NAGAPPA SUTAR
     AGE: 48 YEARS, OCC: COOLIE
     R/O. BHUTTEWADI, TQ: KHANAPUR,
     DIST: BELGAUM.

9.   MAHADEV NAGAPPA SUTAR
     AGE: 38 YEARS, OCC: COOLIE
     R/O. BHUTTEWADI, TQ: KHANAPUR,
     DIST: BELGAUM.

     YALLUTAI W/O. MAHADEV KAMMAR
     SINCE DECEASED BY LRS i.e.
     APPELLANTS 7 TO 10

10. SAVITRI W/O. IRAPPA SUTAR
    AGE: 40 YEARS, OCC: HOUSEHOLD
    R/O. BHUTTEWADI, TQ: KHANAPUR,
    DIST: BELGAUM.

11. MANJULA W/O. PRAKASH SUTAR
    AGE: 30 YEARS, OCC: HOUSEHOLD
                                -3-
                                           RSA No. 5225 of 2012




     R/O. RAMAPUR, TQ: : KHANAPUR,
     DIST: BELGAUM.
                                                    ...APPELLANTS
(BY SRI. S P PATIL, ADVOCATE - ABSENT)


AND:
1.   GAVADI MAHADEV PATIL
     AGE: 75 YEARS, OCC: AGRICULTURE,
     R/O. BHUTTEWADI, TQ: KHANAPUR,
     DIST: BELGAUM.

2.   GOPAL MAHADEV PATIL
     AGE: 70 YEARS, OCC: AGRICULTURE,
     R/O. BHUTTEWADI, TQ: KHANAPUR,
     DIST: BELGAUM.
                                                ...RESPONDENTS
(BY SRI. A R ANGADI, SRI. B. D. RANE AND
SRI. MAHESH B PATIL, ADVOCATES FOR R1 AND R2)

       THIS RSA IS FILED UNDER SECTION 100 OF R/W ORDER
XLI RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED
06.01.2012 PASSED IN R.A.NO.32/1997 ON THE FILE OF THE
PRESIDING    OFFICER,   FAST     TRACK     COURT,    KHANAPUR,
DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT DATED
22.01.1997 AND DECREE PASSED IN O.S.NO.2/1991 ON THE FILE
OF THE MUNSIFF KHANAPUR, DECREEING THE SUIT FILED FOR
DECLARATION AND CONSEQUENTIAL RELIEF OF INJUNCTION
AND FOR POSSESSION.

       THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,

THE COURT PASSED THE FOLLOWING:
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                                            RSA No. 5225 of 2012




                             ORDER

There is no representation on behalf of the appellants.

The matter is pending since 2012. On the last date of

hearing also there was no representation on behalf of the

appellants. It appears that the appellants are not interested

in prosecuting the appeal. Hence, the appeal stands

dismissed for non-prosecution.

Sd/-

JUDGE

YAN