Mahadev S/O. Gangaram Mali vs Mayappa S/O. Mahadev Mali
2023 Latest Caselaw 1803 Kant

                                                   -1-
                                                             RFA No. 4135 of 2013




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 13TH DAY OF MARCH, 2023

                                                 BEFORE

                            THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

                             REGULAR FIRST APPEAL NO. 4135 OF 2013 (PAR/POS-)

                       BETWEEN:

                       SRI. MAHADEV S/O. GANGARAM MALI,
                       AGE: 74 YEARS, OCC: AGRICULTURE,
                       R/O. CHINCHALI, TQ: RAIBAG,
                       DIST: BELGAUM.
                       (NOT CLAIMING BENEFIT OF SR. CITIZEN)
                       PINCODE: 591311.

                                                                 ...APPELLANT

                       AND:

                       1.    SRI. MAYAPPA S/O. MAHADEV MALI,
                             AGE: 45 YEARS, OCC: AGRICULTURE,

                       2.    SMT. PARVATI W/O. RAMAPPA CHINCHALI,
          Digitally
          signed by
          SAROJA
          HANGARAKI
                             AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
SAROJA
HANGARAKI Date:
          2023.03.15
          11:03:53 -

                       3.    SRI. LAXMAN S/O. MAHADEV MALI,
          0700




                             AGE: 40 YEARS, OCC: AGRICULTURE,

                       4.    SMT. GANGUBAI W/O. MAHADEV MALI,
                             AGE: 66 YEARS, OCC: HOUSEHOLD WORK,
                             ALL R/O. CHINCHALI, TQ: RAIBAG,
                             DIST: BELGAUM, PINCODE: 591311.

                                                             ...RESPONDENTS
                       (BY SRI. SANGAMESH S.GHULAPPANAVAR, ADV. FOR R3
                         NOTICE TO R1, R2, R4 IS SERVED)
                                  -2-
                                             RFA No. 4135 of 2013




     THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 31.05.2013
PASSED IN O.S.NO. 87/2011 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC., RAIBAG, DISMISSING THE SUIT
FILED FOR PARTITION AND SEPARATE POSSESSION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                              JUDGMENT

On 07.03.2023, learned counsel for the appellant

was permitted to retire from the case and the case was

ordered to be listed today by showing the name of the sole

appellant in the cause list.

Case was called out in the morning. None appeared.

Even when the case was called for the 2nd time, none

appears. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

RH