Basavva W/O Shiddappa Jadi vs Devakka Calling Herself As
2024 Latest Caselaw 27642 Kant

Karnataka High Court

Basavva W/O Shiddappa Jadi vs Devakka Calling Herself As on 19 November, 2024

                                                  -1-
                                                             NC: 2024:KHC-D:16861
                                                          RSA No. 5683 of 2012




                                  IN THE HIGH COURT OF KARNATAKA,
                                          DHARWAD BENCH

                             DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                               BEFORE

                              THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

                                   RSA NO. 5683 OF 2012 (DEC/INJ)

                        BETWEEN:

                        1.    BASAVVA W/O. SHIDDAPPA JADI,
                              AGE: 62 YEARS, OCC: HOUSEHOLD WORK,

                        2.    DEVAPPA S/O. SHIDDAPPA JADI,
                              AGE: 40 YEARS, OCC: AGRICULTURE,

                              BOTH ARE RESIDING AT: GADAG,
                              NOW AT KADADI VILLAGE,
                              TQ AND DIST.: GADAG-582101.
                                                             ... APPELLANTS
VISHAL
           Digitally
           signed by
           VISHAL
           NINGAPPA
                        (A1- BASAVVA (DECEASED) ABATED;
                        A2-DEVAPPA-SERVICE IS HELD SUFFICIENT(ABSENT))
NINGAPPA   PATTIHAL
PATTIHAL   Date:
           2024.11.21
           10:49:29
           +0530




                        AND:

                        1.    DEVAKKA CALLING HERSELF AS
                              W/O. SHIDDAPPA JADI @ HOSAMANI,
                              AGE: 45 YEARS, OCC. COOLIE,
                              R/O. JANATHA COLONY,
                              NEAR HOUSE OF SOMAPPA KALAI, MASJID,
                              HOMBAL NAKA, GADAG-582101.

                        2.    KAMALAVVA W/O. FAKKIRAPPA BELLAD,
                              AGE: MAJOR, R/O. DONI,
                            -2-
                                    NC: 2024:KHC-D:16861
                                    RSA No. 5683 of 2012




     TQ. MUNDARGI,
     DIST. GADAG-582101.

3.   HULIGEMMA W/O. SURESH MUTAGAR,
     AGE: MAJOR, OCC. HOUSEHOLD, R/O. JANATA
     COLONY, GADAG, DIST. GADAG-582101.

4.   NEELAVVA D/O. SIDDAPPA JADI,
     AGE: MINOR,

5.   SANGAVVA D/O. SIDDAPPA JADI,
     AGE: MINOR,

     4 AND 5 ARE MINORS REPRESENTED
     BY THEIR MOTHER RESPONDENT NO.1
     BEING NATURAL GUARDIAN.
                                    ... RESPONDENTS

(BY SRI. S.S.YADRAMI, ADVOCATE FOR R1;
R2 AND R3-SERVICE IS HELD SUFFICIENT;
R4 AND R5 ARE MINORS REPRESENTED BY R1)

     THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT & DECREE DTD:30.03.2012 PASSED IN
R.A.NO.44/2010 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT AT GADAG, ALLOWING THE
APPEAL, FILED AGAINST THE JUDGMENT DTD:06.04.2010
AND THE DECREE PASSED IN O.S.NO.53/2005 ON THE
FILE OF THE CIVIL JUDGE (SR.DN.) & CJM, GADAG,
DECREEING THE SUIT FILED FOR DECLARATION AND
INJUNCTION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                                   -3-
                                           NC: 2024:KHC-D:16861
                                           RSA No. 5683 of 2012




                          ORAL ORDER

Registry to delete the name of learned counsel

Sri.Shivaraj S. Balloli from the cause list.

Court notice issued to the appellants has been

returned with an endorsement as appellant No.1 is

deceased. Appeal stands abated as against appellant No.1.

Appellant No.2 is served and called out twice.

Notice to appellant No.2 is held sufficient.

There is no representation on behalf of the appellant

No.2.

It appears that the appellant No.2 is not interested in

prosecuting the appeal. Hence, the appeal stands

dismissed for non-prosecution.

Sd/-

(JUSTICE K.S.HEMALEKHA)

PJ, CT:PA