Karnataka High Court
Basappa S/O Yallappa Pujar vs Smt.Kasturevva W/O. Satyappa ... on 9 January, 2024
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NC: 2024:KHC-D:485-DB
RFA No. 100447 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
REGULAR FIRST APPEAL NO. 100447 OF 2019 (DEC/INJ)
BETWEEN:
1. BASAPPA S/O. YALLAPPA PUJAR
AGE:50 YEARS, OCC:AGRICULTURE,
R/O:BELUR, TQ AND DIST:DHARWAD-580011.
2. SMT NAGAVVA D/O. YELLAPPA TALWAR
AGE:ABOUT 48 YEARS, OCC: HOUSEHOLD WORK,
R/O:BELUR, TQ AND DIST:DHARWAD-580011.
3. SMT CHENNAVVA
W/O. IRAPPA BELAWADI @ BADEKOLAR,
AGE:ABOUT 68 YEARS, OCC:HOUSEHOLD WORK,
R/O:BELUR, TQ AND DIST:DHARWAD-580011.
4. FAKKIRAPPA S/O. NINGAPPA ANNIGERI
Digitally signed
AGE:ABOUT 43 YEARS, OCC:AGRICULTURE,
by
SHIVAKUMAR R/O:BELUR, TQ AND DIST:DHARWAD-580011.
HIREMATH
Date:
2024.01.11
10:45:46 +0530 5. SHANKRAPPA S/O.. YELLAPPA PUJAR
AGE:ABOUT 33 YEARS, OCC:AGRICULTURE,
R/O:BELUR, TQ AND DIST:DHARWAD-580011.
6. RAMAPPA S/O. YELLAPPA PUJAR
AGE:31 YEARS, OCC:AGRICULTURE,
R/O: BELUR, TQ AND DIST:DHARWAD-580011.
7. BASAMMA D/O. YELLAPPA KURI
AGE:29 YEARS, OCC:AGRICULTURE,
R/O: BELUR, TQ AND DIST:DHARWAD-580011.
...APPELLANTS
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NC: 2024:KHC-D:485-DB
RFA No. 100447 of 2019
(BY SRI. B.V. SOMAPUR, ADVOCATE)
AND:
1. SMT. KASTUREVVA
W/O. SATYAPPA MARITAMMANAVAR
AGE:ABOUT 74 YEARS, OCC:AGRICULTURE,
R/O:KAMANAKATTI, MANGALWARPET,
DHARWAD-580001.
2. MALLIKARJUN S/O. SATYAPPA MARITAMMANAVAR
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: KAMANAKATTI, MANGALWARPETH,
DHARWAD-580001.
3. SRI.VEERESH S/O. SATYAPPA MARITAMMANAVAR
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O: KAMANAKATTI, MANGALWARPETH,
DAHRWAD-580001.
4. AKBARSAB S/O. LARESAB NAYAK
AGE: ABOUT 59 YEARS, OCC: BUSINESS,
R/O: MULLA DABA, P.B.ROAD,
BELUR, DHARWAD-580011.
5. ASTUSAB S/O. LARESAB NAYAK
AGE: ABOUT 53 YEARS, OCC: BUSINESS,
R/O: MULLA DABA, P.B.ROAD,
BELUR, DHARWAD-580011.
6. SMT.KASHAVVA D/O. YELLAVVA CHAVARAD
AGE: 53 YEARS, OCC: TEA STALL,
R/O: BELUR INDUSTRIAL AREA,
TQ: AND DIST: DHARWAD-580011.
7. MISS.KAREVVA D/O. PRAKASH CHAVARAD
AGE: 21 YEARS, OCC: HOUSEHOLD WORK,
R/O: BELUR INDUSTRIAL AREA,
TQ: AND DIST: DHARWAD-580011.
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NC: 2024:KHC-D:485-DB
RFA No. 100447 of 2019
8. MISS.PAVITRA D/O. PRAKASH CHAVARAD
AGE: 18 YEARS, OCC: HOUSEHOLD WORK,
R/O: BELUR INDUSTRIAL AREA,
TQ: AND DIST: DHARWAD-580011.
9. BASAPPA S/O. NAGAPPA MASANAMMANAVAR
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O: BELUR INDUSTRIAL AREA,
TQ: AND DIST: DHARWAD-580011.
10. BHEEMAPPA S/O. NAGAPPA MASANAMMANAVAR
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O: BELUR INDUSTRIAL AREA,
TQ: AND DIST: DHARWAD-580011.
11. MADIVALAPPA S/O. NAGAPPA MASANAMMANAVAR
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O: BELUR INDUSTRIAL AREA,
TQ: AND DIST: DHARWAD-580011.
12. SOMAPPA S/O. NAGAPPA MASANAMMAVAVAR
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O: BELUR INDUSTRIAL AREA,
TQ: AND DIST: DHARWAD-580011.
13. SMT.DODDAVVA D/O. NAGAPPA MASANAMMANAVAR
AGE: 45 YEARS, OCC: HOUSEHOLD WORK,
R/O: BYADANATTI ITAGI, TQ: BAILHONGAL,
DIST: BELAUM-591102.
14. SMT.MADDEVVA
W/O. HANAMANTAPPA MASANAMMANAVAR,
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O: NEAR HANAMANTHDEVARGUDI, MUMMIGATTI,
TQ: AND DIST: DHARWAD-580011.
15. KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS
SPECIAL LAND ACQUISITION OFFICER,
LAKAMANAHALLI, DHARWAD-580112.
...RESPONDENTS
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NC: 2024:KHC-D:485-DB
RFA No. 100447 of 2019
(R1 TO R3, R6 R14 APPEAL DISMISSED)
THIS REGULAR FIRST APPEAL FILED UNDER SEC. 96 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED:
08.08.2019 PASSED IN O.S.NO.199/2011 ON THE FILE OF THE
I ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
MAGISTRATE, DHARWAD, MAY PLEASE BE SET ASIDE BY
ALLOWING THIS APPEAL. AND ANY OTHER APPROPRIATE
RELIEF/S THAT, THIS COURT DEEMS JUST AND PROPER IN THE
CIRCUMSTANCE OF THE CASE MAY PLEASE BE PASSED, IN THE
ENDS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ASHOK S. KINAGI, J., DELIVERED THE FOLLOWING:
ORDER
This appeal was filed on 26.09.2019. The office has
raised objections. In spite of granting sufficient time, the
appellants have not complied with the office objections.
The matter was listed before the Court on 17.12.2020 and
a week's time was granted to comply with the office
objections.
2. The matter was listed on 31.03.2023. On the
said date, at the request of the learned counsel for the
appellant a week's time was granted and learned counsel
for the appellant has filed a memo dated 13.11.2020
stating that, the appeal may be dismissed against the
NC: 2024:KHC-D:485-DB
respondent Nos.1 to 3 and 6 to 14. The said memo was
placed on record and the appeal was dismissed against the
respondent Nos.1 to 3 and 6 to 14.
3. The matter was listed on 19.04.2023. On the
said date also, a week's time was granted to comply with
the office objections.
4. Again the matter was listed on 06.06.2023. On
the said date none appeared for the appellants. Finally a
week's time was granted to comply with the office
objections, subject to payment of costs of Rs.2,000/-.
5. The matter was listed on 25.07.2023. On the
said date also, none appeared for the appellants. Further,
two weeks time was granted.
6. In spite of granting sufficient opportunity, the
appellants have not complied the office objections and not
deposited the costs as per the order dated 06.06.2023.
NC: 2024:KHC-D:485-DB
7. The appeal is of the year 2019. It seems that,
the appellants are not interested in prosecuting the
appeal.
8. Accordingly, the appeal is dismissed for non-
compliance of the office objections.
Sd/-
JUDGE
Sd/-
JUDGE
SVH
