Karnataka High Court
Smt.Lakkavva W/O Laxman Naik vs Sri.Dundappa Lakkappa Masaguppi on 25 November, 2024
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NC: 2024:KHC-D:17257
RSA No. 100156 of 2016
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 25TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
RSA NO. 100156 OF 2016 (INJ)
BETWEEN:
LAXMAN RAMAPPA NAIK
SINCE DECEASED BY HIS L.Rs.,
1. SMT. LAKKAVVA W/O. LAXMAN NAIK,
AGE: 67 YEARS, OCC. AGRICULTURE,
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
2. SRI. LAGAMAPPA
@ LAGAMANNA HANUMANT NAIK,
AGE: 55 YEARS, OCC. AGRICULTURE,
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
Digitally
VISHAL
signed by
VISHAL
NINGAPPA
3. SRI. RAMAPPA NAGAPPA NAIK,
NINGAPPA PATTIHAL
PATTIHAL Date:
2024.11.27
10:35:22
AGE: 47 YEARS, OCC. AGRICULTURE,
+0530
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
... APPELLANTS
(BY SRI. RAHUL R. AND
SRI. PRAVEEN S. PATTAR, ADVOCATES)
AND:
1. SRI. DUNDAPPA LAKKAPPA MASAGUPPI,
AGE: MAJOR, OCC. AGRICULTURE,
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
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NC: 2024:KHC-D:17257
RSA No. 100156 of 2016
2. SRI. BALAPPA SIDDAPPA MASAGUPPI,
AGE: MAJOR, OCC. AGRICULTURE,
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
3. SRI. MALAKARI SIDDAPPA MASAGUPPI,
AGE: MAJOR, OCC. AGRICULTURE,
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
4. SRI. TUKKAPPA SIDDAPPA MASAGUPPI,
AGE: MAJOR, OCC. AGRICULTURE,
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
RAMAPPA YALLAPPA BELAGALI
SINCE DECEASED BY L.Rs.,
5. SMT. AKKAVVA W/O. RAMAPPA BELAGALI
AGE: 57 YEARS,
OCC. AGRICULTURE AND HOUSEHOLD,
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
6. SRI. DUNDAPPA S/O. RAMAPPA BELAGALI,
AGE: 37 YEARS, OCC. AGRICULTURE,
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
7. SRI. MARUTI S/O. RAMAPPA BELAGALI
AGE: 32 YEARS, OCC. AGRICULTURE,
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
VITTAL BHIMAPPA MASAGUPPI
SINCE DECEASED BY HIS L.Rs.,
8. SMT. NINGAVVA W/O. VITTAL MASAGUPPI,
AGE: 77 YEARS,
OCC. AGRICULTURE AND HOUSEHOLD,
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
9. SMT. AKKAVVA W/O. BHIMAPPA MASAGUPPI,
AGE: MAJOR,
OCC. AGRICULTURE AND HOUSEHOLD,
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NC: 2024:KHC-D:17257
RSA No. 100156 of 2016
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
10. SRI. MUTTAPPA S/O. VITTAL MASAGUPPI,
AGE: 47 YEARS,
OCC. AGRICULTURE AND HOUSEHOLD,
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
11. SRI. LAXMAN S/O. VITTAL MASAGUPPI,
AGE: 45 YEARS, OCC. AGRICULTURE,
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
12. SRI. SIDDAPPA S/O. VITTAL MASAGUPPI,
AGE: 42 YEARS, OCC. AGRICULTURE,
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
13. SRI. MALAKARI S/O. VITTAL MASAGUPPI,
AGE: 39 YEARS, OCC. AGRICULTURE,
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
14. SRI. HALAPPA @ HOLEPPA S/O. SATTEPPA MASAGUPPI,
AGE: MAJOR, OCC. AGRICULTURE,
R/O. SAVASUDDI, TALUKA: RAIBAG,
DISTRICT: BELAGAVI, PIN CODE: 591317.
... RESPONDENTS
(BY SRI. RAJSHEKAR BURJI, ADVOCATE FOR R1 TO R7;
R8-NOTICE SERVED)
THIS RSA IS FILED UNDER ORDER XLII RULE 1 R/W SECTION
100 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED
05.09.2015 PASSED IN R.A.NO.42/2009 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC RAIBAG, DISMISSING THE APPEAL
AND CONFIRMING THE JUDGMENT AND DECREE DATED 31.07.2009
PASSED IN OS.NO.85/1992 ON THE FILE OF THE ADDITIONAL CIVIL
JUDGE (JR.DN.)RAIBAG, DISMISSING THE SUIT FILED FOR
PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
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NC: 2024:KHC-D:17257
RSA No. 100156 of 2016
ORAL ORDER
Noting the absence of the learned counsel for the
appellants, the matter was directed to be listed for
dismissal today. Even today there is no representation on
behalf of the appellants neither an application is filed to
bring the legal representatives of deceased appellant No.1
on record vide order dated 11.09.2023, 22.08.2023 and
08.08.2023.
It appears that the appellants are not interested to
prosecute the appeal. The appeal is of the year 2016. This
Court has no option but to dismiss the appeal for non-
prosecution, accordingly, the appeal is dismissed for
non-prosecution.
Sd/-
(JUSTICE K.S.HEMALEKHA)
RH
CT:PA
