Smt. Mallamma W/O Kuberappa Katti vs Kumari. Ananya D/O Girish Katti
2024 Latest Caselaw 9824 Kant

Karnataka High Court

Smt. Mallamma W/O Kuberappa Katti vs Kumari. Ananya D/O Girish Katti on 4 April, 2024

                                                -1-
                                                  NC: 2024:KHC-D:6125-DB
                                                        RFA No. 100397 of 2017




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 4TH DAY OF APRIL, 2024

                                             PRESENT
                               THE HON'BLE MR JUSTICE E.S.INDIRESH
                                                AND
                        THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
                          REGULAR FIRST APPEAL NO. 100397 OF 2017 (PAR)
                   BETWEEN:

                   1.   SMT. MALLAMMA W/O. KUBERAPPA KATTI,
                        AGE: 69 YEARS,
                        OCC: HOUSEHOLD,
                        R/O: NEELACHAL, PLOT NO.1,
                        CITB COLONY,
                        JAYANAGAR, DHARWAD.

                   2.   SURESH KUBERAPPA KATTI,
                        AGE: 46 YEARS, OCC: NIL,
                        R/O: NEELACHAL, PLOT NO. 1,
                        CITB COLONY,
                        JAYANAGAR, DHARWAD.

                   3.   SMT. KUSUMA D/O. KUBERAPPA KATTI,
                        AFTER MARRIAGE KNOWN AS SHANTA @ KUSUMA
                        W/O. BHIMANAGOUDA NATEKAL,
Digitally signed
by
YASHAVANT
                        AGE: 43 YEARS,
NARAYANKAR
Location: HIGH
                        OCC: HOUSEHOLD
COURT OF
KARNATAKA               R/O: GOREBAL VILLAGE SINDANUR,
                        DIST: RAICHUR.
                                                                     ...APPELLANTS

                   (BY SRI. PRAVEEN P. JOSHI, SRI. N.B. KUMBAR AND
                       SRI. PRAKASH R. BADIGER, ADVOCATES)

                   AND:

                   1.   KUMARI. ANANYA
                        D/O. GIRISH KATTI,
                        AGE: 10 YEARS, OCC: STUDENT,
                        R/O: PAVAN NAGAR, DHARWAD.
                                -2-
                                  NC: 2024:KHC-D:6125-DB
                                       RFA No. 100397 of 2017




2.   SMT. VARSHA W/O. GIRISH KATTI,
     AGE: 35 YEARS,
     OCC: HOUSEHOLD,
     R/O: PAVAN NAGAR, DHARWAD.

     (SINCE RESPONDENT NO.1 IS MINOR
     IS REPRESENTED BY HER MOTHER AND
     NEXT FRIEND RESPONDENT NO 2)

3.   SMT. SAVITRI
     W/O. KUBERAPPA KATTI,
     AGE: MAJOR,
     OCC: HOUSEHOLD,
     R/O: NEELACHAL, PLOT NO.1,
     CITB COLONY,
     JAYANAGAR, DHARWAD.

4.   SMT. KAMALA W/O. KIRAN NAIK,
     AGE: 65 YEARS, OCC: SERVICE,
     R/O: H.NO. 51,
     SURABHI NAGAR,
     NEAR MAYUR NAGAR,
     HUBBALLI.
                                                  ...RESPONDENTS

(BY MISS. KAVITA JADHAV, ADVOCATE FOR SRI. ARUN L.
NEELOPANT ADVOCATES FOR R2; R1 MINOR REPRESENTED BY R2;
R3 AND R4 SERVICE HELD SUFFICIENT)

       THIS REGULAR FIRST APPEAL FILED UNDER SECTION 96 OF
CODE    OF   CIVIL   PROCEDURE,   PRAYING   TO   SET   ASIDE   THE
IMPUGNED JUDGMENT AND DECREE PASSED IN O.S. 527/2014
DATED 2/12/2016 BY THE LEARNED 1ST ADDITIONAL SENIOR CIVIL
JUDGE AND CJM,       DHARWAD AND CONSEQUENTLY SET ASIDE THE
SUIT FILED BY THE PLAINTIFF.


       THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
E.S.INDIRESH, J., DELIVERED THE FOLLOWING:
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                                     NC: 2024:KHC-D:6125-DB
                                             RFA No. 100397 of 2017




                              ORDER

No representation on behalf of the appellant on

22.02.2024 and today also. Matter was called in the morning

session and passed over and thereafter taken up for hearing in

the second session. Again there is no representation on behalf

of the appellant. Learned counsel appearing for the respondent

is present. In that view of the matter, the appeal is dismissed

for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE