Karnataka High Court
Devakkawwa @ Devakka W/O Kadappa ... vs Laxmavva W/O Kadappa Dasar on 17 November, 2023
Bench: H.P.Sandesh
-1-
NC: 2023:KHC-D:13391
RSA No. 5083 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 5083 OF 2011 (DEC/INJ)
BETWEEN:
1. SMT. DEVAKKAWWA @ DEVAKKA
W/O. KADAPPA DASAR,
SINCE DECEASED BY LRs.,
1(A). SMT. SHANTAWWA W/O. LATE PARUSHURAM
AGE: 50 YEARS.
1(B). SRI. RANGANATHA S/O. LATE PARUSHURAM
AGE: 33 YEARS.
1(C). RENUKA D/O. LATE PARUSHURAM
AGE: 31 YEARS.
1(D). VIJAYALAKHMI D/O. LATE PARUSHURAM
AGE: 29 YEARS,
R/O. SOMANAKATTI, TQ: RON, DIST: GADAG.
Digitally signed by K M
...APPELLANTS
SOMASHEKAR
Location: HIGH
COURT OF
KARNATAKA
(BY SRI. CHANDRASHEKAR P. PATIL, ADVOCATE (ABSENT))
DHARWAD BENCH
Date: 2023.11.21
14:51:58 +0530
AND:
1. SMT. LAXMAVVA W/O. KADAPPA DASAR
AGE: 65 YEARS,
OCC: AGRI. AND HOUSEHODL WORK,
R/O: GULAGANDI, TQ: RON,
DIST: GADAG-582208.
2. SMT. YAMANAWWA
W/O. LACHCHAPPA GALAGALI,
AGE: 40 YEARS, OCC: HOUSEHOLD WORK,
R/O: GULAGANDI, TQ: RON,
-2-
NC: 2023:KHC-D:13391
RSA No. 5083 of 2011
DIST: GADAG-582208.
3. SMT. HANAMAWWA W/O. LAXMAN DASAR
AGE: 37 YEARS, OCC: HOUSEHOLD WORK,
R/O: GULAGANDI, TQ: RON,
DIST: GADAG-582208.
4. SMT. KASTUREWWA W/O. RAMAPPA DASAR
AGE: 35 YEARS, OCC: HOUSEHOLD WORK,
R/O: GULAGANDI, TQ: RON,
DIST: GADAG-582208.
5. SMT. RAMAWWA W/O. SHESHAPPA DASAR
AGE: 37 YEARS, OCC: HOUSEHOLD WORK,
R/O: GULAGANDI, TQ: RON,
DIST: GADAG-582208.
6. SMT. SUMITRAWWA W/O. GOINDAPPA DASAR
AGE: 37 YEARS, OCC: HOUSEHOLD WORK,
R/O: GULAGANDI, TQ: RON,
DIST: GADAG-582208.
...RESPONDENTS
(NOTICE TO R1, R2 AND R5 SERVED;
NOTICE TO R3, R4 AND R6 HELD SUFFICIENT)
THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 19.10.2010 PASSED IN RA
NO.27/2005 ON THE FILE OF THE PRESIDING OFFICER, FAST
TRACK COURT, GADAG, ALLOWING THE APPEAL BY PARTLY
ALLOWING THE JUDGMENT DATED 03.09.2005 AND THE DECREE
PASSED IN O.S.NO.117/2004 ON THE FILE OF THE CIVIL JUDGE
(SR.DN) RON, PARTLY DECREEING THE SUIT FILED FOR
DECLARATION, INJUNCTION AND ALTERNATIVELY FOR
PARTITION.
THIS RSA, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT PASSED THE FOLLOWING:
-3-
NC: 2023:KHC-D:13391
RSA No. 5083 of 2011
ORDER
This matter is continuously listed before the Court.
On 31.07.2023 at the request of the counsel for the
appellants, the matter was adjourned. But the counsel
failed to appear on the next date of hearing i.e.
08.08.2023. Once again the matter was ordered to be
listed on 21.08.2023. On 21.08.2023, once again, at
request three weeks time was granted. Again the matter
was listed on 05.09.2023 and there was no representation
and the matter was ordered to be listed on 19.09.2023.
On 19.09.2023 also there was no representation.
Today also there is no representation. Hence, it is
clear that the counsel for the appellants is not pursuing
the matter diligently even though the matter is listed five
times before this Court in this year. Hence, the appeal is
dismissed for non-prosecution.
Sd/-
JUDGE
