Padmavva W/O Mouleshwar Doddali vs Ningappa S/O Gadigeppa Yandigeri
2023 Latest Caselaw 3700 Kant

                                         -1-
                                                 NC: 2023:KHC-D:6275
                                                    RFA No. 3120 of 2010




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                       DATED THIS THE 26TH DAY OF JUNE, 2023

                                      BEFORE

                        THE HON'BLE MRS. JUSTICE M.G.UMA

                   REGULAR FIRST APPEAL NO.3120/2010 (PAR/POS)

            BETWEEN:

            1.   SMT. PADMAVVA W/O. MOULESHWAR DODDALI,
                 AGE: 60 YEARS,
                 OCC:HOUSEHOLD AND AGRICULTURE,
                 R/O: UDAKERI, TQ: BAILHONGAL, DIST: BELGAUM.

            2.   SMT. YALLAVVA W/O. ADIVEPPA HALIYAVAR,
                 AGE: 55 YEARS, OCC: HOUSEHOLD,
                 R/O: YADRAVI, TQ: SAUNDATTI,
                 DIST: BELGAUM.

            3.   SMT. PARAVVA W/O. LAXMAN NIMBANNAVAR,
                 AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
                 R/O: ALAGAWADI, TQ: NAVALGUND, DIST: DHARWAD.

            4.   SMT. ANASUYA W/O. NAGAPPA NIMBANNAVAR,
                 AGE: 50 YEARS, OCC: HOUSEHOLD WORK,
                 R/O: ALAGAWADI, TQ: NAVALGUND,
Digitally
                 DIST: DHARWAD.
signed by
ROHAN       5.   SMT. KASTUREVVA @ ADIVEPPA,
HADIMANI
T                W/O. BASAPPA NAIKAR,
                 AGE: 48 YEARS, OCC: HOUSEHOLD WORK,
                 R/O: YADRAVI, TQ: SAUNDATTI, DIST: BELGAUM.
                                                               ...APPELLANTS
            (BY SRI LINGRAJ MARADI, ADVOCATE)

            AND:

            NINGAPPA S/O. GADIGEPPA YANDIGERI,
            AGE: 55 YEARS, OCC: AGRICULTURE,
            R/O: NEAR POLICE STATION QUARTERS,
            TQ: SAUNDATTI, DIST: BELGAUM.
                                                           ...RESPONDENT
            (BY SRI SANTOSH B. MALAGOUDAR, ADVOCATE)
                                       -2-
                                             NC: 2023:KHC-D:6275
                                                  RFA No. 3120 of 2010




     THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE
JUDGMENT & DECREE DTD:19.08.2010 PASSED IN O.S.NO.16/2010
BY THE ADDITIONAL SENIOR CIVIL JUDGE, SAUNDATTI & ETC.

     THIS RFA, COMING ON FOR FURTHER HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                                    ORDER

Learned counsel for the respondent has filed a memo

dated 26.06.2023 bringing it to the notice of the Court that

initially the plaintiff filed suit O.S. No. 16/2010 which was came

to be dismissed vide judgment and decree dated 19.08.2010.

Later, he filed suit for similar relief in O.S. No. 49/2019 which

was came to be dismissed for default, i.e., for non prosecution

on 31.10.2019. Later the third suit seeking partition was filed

in O.S. No. 137/2019 which is still pending for consideration

before the trial Court.

Learned counsel for the appellant submits that the appeal

may be dismissed as not pressed.

Submission is placed on record.

Appeal is dismissed as not pressed.

SD/-

JUDGE BVV