Karnataka High Court
T N Prasanna vs Patel Horekarappa @ Horakerappa on 2 November, 2023
Bench: V Srishananda
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NC: 2023:KHC:38930
RFA No. 1390 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.1390 OF 2007 (PAR)
BETWEEN:
T N PRASANNA
S/O PATEL HOREKERAPPA
AGED ABOUT 33 YEARS
AGRICULTURIST BY PROFESSION
R/O THOREBEERANAHALLY VILLAGE
P.R.PURA HOBLI, CHALLAKERE TALUK
CHITRADURGA DISTRICT - 577 522.
...APPELLANT
(BY SRI B M SIDDAPPA, ADVOCATE)
AND:
1. PATEL HOREKARAPPA @ HORAKERAPPA
S/O SANNA RANGAPPA
AGED ABOUT 80 YEARS,
Digitally OCC:AGRICULTURIST,
signed by R
MANJUNATHA
Location: 2. T H RANGANATH
HIGH COURT S/O PATEL HORAKERAPPA
OF
KARNATAKA @ HOREKERAPPA
AGED ABOUT 37 YEARS,
3. K SEETHARAMAIAH
S/O KARIYAPPA
MAJOR, OCC:AGRICULTURIST
4. G SEETHARAMAIAH
S/O GIRIYAPPA
MAJOR, OCC:AGRICULTURIST,
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NC: 2023:KHC:38930
RFA No. 1390 of 2007
5. B RANGASWAMY
S/O BHEEMAPPA
MAJOR, OCC:AGRICULTURIST,
6. P V SEEHAGIRIYAPPA
MAJOR, AGRICULTURIST
AND EMPLOYEE
7. SMT GOWRAMMA
W/O GADDAPPA
AGE :MAJOR, OCC:AGRICULTURIST
8. SMT ERAMMA
W/O RANGASWAMY
AGE : MAJOR,
AGRICULTURIST,
9. S RAMESH
S/O G SEETHARAMAIAH
MAJOR,
AGRICULTURIST,
10. SMT ANASUYAMMA
W/O THIPPESWAMY
MAJOR, AGRICULTURIST
R/O SUGUR VILLAGE
HIRIYUR TALUK
11. SMT SHIVAMMA
W/O JAMURTHY
AGE : MAJOR
AGRICULTURIST
RESIDENT OF
KAPARAHALLY VILLAGE
CHALLAKERE TALUK
CHITRADURGA DIST
12. SHARADAMMA
W/O VENKATESH
MAJOR
AGRICULTURIST
R/O KAPARAHALLY VILLAGE
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NC: 2023:KHC:38930
RFA No. 1390 of 2007
CHALLAKERE TALUK
CHITRADURGA DISTRICT
13. CHANDRANNA
AGE : MAJOR,
AGRICULTURIST
14. KENCHAMMA
D/O CHANDRANNA
AGE : MINOR
15. NAGESHI
S/O CHANDRANNA
AGE : MINOR
DEFENDANT No.10(e) and (f) ARE MINORS
THEIR FATHER 10(d) REPRESENTS
THEM AS THEIR GUARDIAN
10(a) to (f) ARE RESIDENTS OF
SUGUR VILLAGE, HIRIYUR TALUK
DEFENDANTS 1 TO 9 ARE RESIDENTS OF
THOREBEERANAHALLY
PARASHURAMAPURA HOBLI
CHALLAKERE TALUK
CHITRADURGA DISTRICT - 577 522
16. ANASUYAMMA
D/O PATEL HORAKERAPPA
W/O RAGHAVENDRA
AGED ABOUT 47 YEARS,
HOUSING BOARD COLONY,
CHITRADURGA-577 501
17. MANJUNATHA
AGED ABOUT 47 YEARS,
AGRICULTURIST,
R/O KAPARAHALLY,
CHALLAKERE TALUK-577 522.
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NC: 2023:KHC:38930
RFA No. 1390 of 2007
18. ETTINAGOUDA
S/O MANJUNATHA,
AGED ABOUT 15 YEARS,
MINOR
DEFENDANT NO.12(b) IS MINOR
REPRESENTED BY HIS FATHER
D12(a)
...RESPONDENTS
(BY SRI N D JAYADEVAPPA, ADVOCATE FOR R1 AND R2;
R3, R6, R4, R7, R5, R8, R9, R10, R11, R12, R13 NOTICE
SERVED;
R14, R15 AND R18 ARE MINORS REPRESENTED BY R13;
R17 -SERVED;
VIDE ORDER DATED 03.02.2023, APPEAL AGAINST R16
STANDS DISMISSED)
THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41
RULE 1 R/W SECTION 96 OF CIVIL PROCEDURE CODE AGAINST
THE JUDGMENT AND DECREE DATED 17.03.2007 PASSED IN
O.S.NO.329/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.)
CHALLAKERE, DISMISSING THE SUIT FOR PARTITION AND
SEPARATE POSSESSION.
THIS REGULAR FIRST APPEAL, COMING ON FOR ORDERS,
THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
Sri Shivakumar, counsel representing the appellant is
present when the case called for third time. He submits that
despite his best efforts, appellant is not co-operating to
proceed with the matter further.
NC: 2023:KHC:38930
RFA No. 1390 of 2007
Placing his submission on record, appeal is dismissed for
non prosecution.
Sd/-
JUDGE
kcm
