Karnataka High Court
Sri Ningayya S/O Melagirayya Vadeyar @ ... vs Genayya S/O Mudayya Vadeyar @ Amogimath on 1 March, 2024
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NC: 2024:KHC-D:4760
RFA No. 100381 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF MARCH, 2024
BEFORE
THE HON'BLE MRS JUSTICE M.G.UMA
REGULAR FIRST APPEAL NO.100381/2022(PAR/POS)
BETWEEN:
1. SRI NINGAYYA
S/O. MELAGIRAYYA VADEYAR @ AMOGIMATH,
AGE: 66 YEARS, OCC: AGRICULTURIST.
2. SRI ADAVAYYA
S/O. MELAGIRAYYA VADEYAR @ AMOGIMATH,
AGE: 62 YEARS, OCC: AGRICULTURIST,
BOTH ARE R/O. HALE TEGUR VILLAGE,
TQ AND DIST: DHARWAD - 580 001.
...PETITIONERS
(BY SRI B.C. JNANAYYASWAMI, ADVOCATE)
AND:
1. GENAYYA
S/O MUDAYYA VADEYAR @ AMOGIMATH,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: HALE TEGUR, TQ AND DIST: DHARWAD.
Digitally
signed by NOW RESIDING AT BENAKANAHALLI,
MANJANNA
MANJANNA E
E Date:
TQ: KUNDAGOL, DIST: DHARWAD - 580 001.
2024.03.04
11:32:06
+0530
2. SMT. SIDDAVVA
W/O. AMMAYHYA AMOGIMATH,
AGE: 60 YEARS, OCC: HOUSEWIFE,
R/O: BENAKANAHALLI, TQ: KUNDAGOL,
DIST: DHARWAD - 580 001.
3. SMT. NINGAVVA
W/O. PANCHAKSHARAYYA AMOGIMATH,
AGE: 58 YEARS, OCC: HOUSEWIFE,
R/O: HULLUR, TQ: SHIRAHATTI,
DIST: GADAG - 581 117.
4. SRI KENCHAYYA
S/O. MUDAYYA VADEYAR @ AMOGIMATH,
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NC: 2024:KHC-D:4760
RFA No. 100381 of 2022
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: HALE TEGUR, TQ AND DIST: DHARWAD.
NOW RESIDING AT BENAKANAHALLI,
TQ: KUNDGOL, DIST: DHARWAD - 580 001.
5. REVANASIDDAYYA
S/O. MUDAYYA VADEYAR @ AMOGIMTH,
OCC: AGRICULTURE, R/O: HALE TEGUR,
TQ AND DIST: DHARWAD,
NOW RESIDING AT BENAKANAHALLI,
TQ: KUNDGOL, DIST: DHARWAD - 580 001.
6. SHRI DANANJAYYA
S/O. MUDAYYA VADEYAR @ AMOGIMATH,
AGE: 50 YEARS, OC: AGRICULTURE,
R/O: HALE TEGUR, TQ AND DIST: DHARWAD,
NOW RESIDING AT BENAKANAHALLI,
TQ: KUNDGOL, DIST: DHARWAD - 580 001.
7. SMT. RATNAVA @ PARAVVA
W/O BASAYYA ADEPPANAVAR,
AGE: 58 YEARS, OCC: HOUSEWIFE,
R/O: MORAB, TQ: NAVALGUND,
DIST: DHARWAD - 580 001.
8. SMT. KESHAVVA
W/O. SHANKARAYYA AMOGIMATH,
AGE: 54 YEARS, OCC: HOUSEWIFE,
R/O: HULLUR, TQ: SHIRAHATTI,
DIST: GADAG - 581 110.
9. SRI SIDDAYYA
S/O. MELAGIRA, VADEYA @ AMOGIMATH,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: HALE TEGUR,
TQ AND DIST: DHARWAD - 580 001.
...RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 READ WITH 41 RULE 1
OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.06.2021
PASSED IN O.S.NO.388/2016 ON THE FILE OF THE IV ADDITIONAL
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
DHARWAD, DISMISSING THE SUIT FILED FOR PARTITION AND
SEPARATE POSSESSION AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:4760
RFA No. 100381 of 2022
JUDGMENT
1. Learned counsel for the appellants is absent. No
representation.
2. Several office objections raised are not
complied with. Order sheet dated 01.12.2023 reads as
under:
Three weeks time is granted to comply with the
office objections, failing which the appeal shall
stand dismissed.
3. In spite of that there is neither compliance of
office objections nor there is any representation. It
appears that appellants are not interested in prosecuting
the appeal. Hence, appeal is dismissed.
SD/-
JUDGE
AC/CT-ASC
