Sri. Ningaraj S/O Govindappa ... vs Sri. Supreet S/O Ningaraj ...
2023 Latest Caselaw 6954 Kant

                                                       -1-
                                                             NC: 2023:KHC-D:11768
                                                               RFA No. 100219 of 2017




                               IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                   DATED THIS THE 4TH DAY OF OCTOBER, 2023

                                                     BEFORE
                               THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                          REGULAR FIRST APPEAL NO. 100219 OF 2017 (PAR/POS-)
                          BETWEEN:
                          SRI. NINGARAJ S/O GOVINDAPPA HALLIKERI
                          AGE: 63 YEARS, OCC: NOT WORKING,
                          R/O: B-17, BASAVARAJ GALLI,
                          HALIYAL-581329, DIST: UTTARA KANNADA.
                                                                          ...APPELLANT
                          (BY SRI. NINGARAJ, APPELLANT-ABSENT)
                          AND:
                          1.    SRI.SUPREET S/O NINGARAJ HALLIKERI
                                AGE: 31 YEARS, OCC: PRIVATE WORK,
                                R/O: HALIYAL, NOW AT HOUSE NO.54,
                                10TH MAIN, 3RD CROSS,
                                RAVINDRANATH TAGORE ROAD,
                                BASAPPA LAYOUT, HANAMANTH NAGAR,
                                BENGALURU-560019.
                          2.    SRI.PRAVEEN S/O NINGARAJ HALLIKERI
                                AGE: 39 YEARS, OCC: PRIVATE WORK,
                                R/O: B/17, BASAVARAJ GALLI,
                                HALIYAL-581329, DIST: UTTARA KANNADA,
            Digitally
            signed by
            VIJAYALAXMI
                                NOW AT 203, SANATH SPACES,
                                4TH CROSS, RK GARDEN, RMV 2ND STAGE,
VIJAYALAXMI M BHAT
M BHAT      Date:
            2023.10.06
            15:25:10
            +0530
                                NEW BEL ROAD, BENGALURU-560015.
                          3.    SRI.PRAKASH S/O BABU GADKAR
                                AGE: 36 YEARS, OCC: BUSINESS,
                                R/O: KASAROLLI, HALIYAL-581329,
                                DIST: UTTARA KANNADA.
                                                                    ...RESPONDENTS
                          (BY SRI. LAXMAN T MANTAGANI, ADVOCATE FOR R1;
                          R2-HELD SUFFICIENT; R3-NOTICE SERVED)
                               THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST
                          THE JUDGMENT AND DECREE DTD: 28.03.2017 PASSED IN
                          O.S.NO.26/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE,
                          HALIYAL, DECREEING THE SUIT FILED FOR PARTITION AND
                          SEPARATE POSSESSION.
                                  -2-
                                        NC: 2023:KHC-D:11768
                                          RFA No. 100219 of 2017




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

                             ORDER

On the previous date of hearing, learned counsel

appearing for the appellant was permitted to retire from the

case and the matter is ordered to be listed by showing the

name of the appellant in the cause list.

On 09.08.2023, there was no representation for the

appellant. Even today, there is no representation. Appeal is

dismissed for non prosecution.

Sd/-

JUDGE

VMB,PMP