Smt.Shantawwa W/O Kallappa Halyal vs Shri.Shivabasappa S/O Ningappa Halyal
2024 Latest Caselaw 9865 Kant

Karnataka High Court

Smt.Shantawwa W/O Kallappa Halyal vs Shri.Shivabasappa S/O Ningappa Halyal on 4 April, 2024

                                              -1-
                                                    NC: 2024:KHC-D:6155
                                                     RFA No. 100127 of 2019




                           IN THE HIGH COURT OF KARNATAKA,
                                   DHARWAD BENCH

                         DATED THIS THE 4TH DAY OF APRIL, 2024

                                         BEFORE

                           THE HON'BLE MRS. JUSTICE M.G.UMA

                     REGULAR FIRST APPEAL NO.100127/2019(PAR/POS)

                BETWEEN:

                1.    SMT. SHANTAWWA
                      W/O. KALLAPPA HALYAL,
                      AGE:61 YEARS,
                      OCC: AGRICULTURE
                      AND HOUSEHOLD,
                      RESIDENT OF : GODACHI,
                      TQ: RAMDURG,
                      DIST: BELAGAVI.

                2.    SMT. RENUKA
                      W/O. MAHANTESH CHINGUDI,
                      AGE: 34 YEARS,
                      OCC: AGRICULTURE
                      AND HOUSEHOLD,
Digitally
signed by             RESIDENT OF: GODACHI,
MANJANNA E
Location:             TQ: RAMDURG,
High Court of
Karnataka             DIST: BELAGAVI.
                                                              ...APPELLANTS
                (BY SRI SANTOSH B. RAWOOT AND
                SRI A.D. SHILLEDAR, ADVOCATEA)

                AND:

                1.    SHRI SHIVABASAPPA
                      S/O. NINGAPPA HALYAL,
                      AGE: 69 YEARS,
                      OCC: AGRICULTURE,
                      RESIDENT OF ITNAL,
                      TQ: SAUNDATTI,
                            -2-
                                 NC: 2024:KHC-D:6155
                                  RFA No. 100127 of 2019




     DIST: BELAGAVI - 590 001.

2.   SHRI SHANKRAPPA
     S/O. NINGAPPA HALYAL,
     AGE: 64 YEARS,
     OCC: AGRICULTURE,
     RESIDENT OF: ITNAL,
     TQ:SAUNDATTI,
     DIST: BELAGAVI - 590 001.

3.   SMT. BASAVVA
     W/O. MAHADEVAPPA ANGADI,
     AGE: 54 YEARS,
     OCC: HOUSEHOLD WORK,
     RESIDENT OF: KORAKOPPA,
     POST: SOPPADLA,
     TQ: SAUNDATTI,
     DIST: BELAGAVI - 590 001.
                                         ...RESPONDENTS
(BY SRI G. R. TURAMARI, ADVOCATE FOR C/R1)


      THIS RFA IS FILED UNDER SEC. 96 READ WITH ORDER

41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE

DATED 27.11.2018 PASSED IN O.S.NO.108/2014 ON THE FILE

OF THE SENIOR CIVIL JUDGE, SAUNDATTI, DISMISSING THE

SUIT FILED FOR PARTITION AND SEPARATE POSSESSION

WITH CONSEQUENTIAL RELIEF OF INJUNCTION AND ETC.,


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:
                                    -3-
                                          NC: 2024:KHC-D:6155
                                           RFA No. 100127 of 2019




                             JUDGMENT

Learned counsel for the appellants is absent. No

representation, inspite of the matter passed over twice in the

morning and again called at 2.45 pm.

2. The appeal is of the year 2019. Office has raised

several objections. Appeal is listed for 7th time for compliance

of office objections. Till today, office objections are not

complied with. It appears that the appellants are not interested

in prosecuting the appeal.

3. Hence, appeal is dismissed for default i.e., for non-

prosecution.

SD/-

JUDGE

PN/CT-ASC