IN THE HIGH COURT OF

CIRCUIT BENCH AT DHARWAD

DATED THIS THE 24 TH DAY OF AUGUST, 2012

BEFORE

THE HON’BLE MR.JUSTICE AJIT J.GUNJAL

R.F.A. NO.1105/2004

BETWEEN:

1. Chennappa, S/o.Dundappa Yaraganavi, Age 83 years, R/o.Ugargol, Taluk, Dist:

Since deceased by his L.Rs.

(a) Smt.Annapoorna, W/o.Late Chennappa Yaraganavi, Aged about 70 years, R/o.Ugargol, Saundatti Taluk, Dist: Belgaum.

(b) Dundappa, S/o.Late Chennappa Yaraganavi, Aged about 55 years, R/o.Shirakol, Taluk Navalgund, Dist: Dharwad.

(c) Vijaya, W/o.Shivashankar , Aged about 50 years, R/o.Saundatti, Dist. Belgaum.

(d) Subhash, S/o.Late Chennappa Yaraganavi, : 2 :

Aged about 48 years, R/o.Belgaum.

(e) Smt.Kasturi (Uma Devi), W/o.Gangadhar Nandaragi, Aged about 43 years, R/o.Belgaum.

(f) Basavaraj, S/o.Late Chennappa Yaraganavi, Aged about 40 years, R/o.Saundatti, Belgaum District.

(g) Smt.Pushpa, W/o.Laxman Patil, Aged about 35 years, R/o.Poona.

(h) Smt.Bharati, W/o.Sanjeevappa Pavadeppanavar, Aged about 33 years, R/o.Belgaum.

(j) Smt.Meenakshi, W/o.Mahananda Zutti, Aged about 30 years, R/o.Belgaum.

2. Smt.Rudravva, W/o.Parappa Angadi, Aged about 70 years, R/o.Ugargol, Saundatti Taluk, Dist: Belgaum.

Proposed applicant 1A to 1E, 1G to 1J and appellant No.2 are all represented by Their GPA Holder Basavaraj, S/o.late Chennappa Yaraganavi, The Appelicant No.1F herein). …APPELLANTS

(By Sri.Mallikarjun C.Basareddy, Adv. [absent]) : 3 :

AND:

1. Smt.Narasavva, W/o.Ningappa Yaraganavi, Aged Major, Occ:Agriculture, R/o.Ugargol, Saundatti Taluk, Dist: Belgaum.

2. Master Basayya Ningayya Pujer, Rept. By natural mother Smt.Gangavva, W/o.Ningayya Pujer @ Javoor, Age: Major, Occ:Agriculture, R/o.Ugargol, Saundatti Taluk, Dist: Belgaum.

3. Ningayya Gadigayya Pujer, Age: Major, Occ:Agriculture, R/o.Ugargol, Saundatti Taluk, Dist: Belgaum

Since deceased by his L.Rs.

(a) Smt.Basavva, W/o.Gurayya Pujer, Age: Major, Occ: Agriculture, R/o.Ugargol, Saudatti Taluk, Dist: Belgaum.

(b) Smt.Gangavva, W/o.Ningayya Pujer, Aged: Major, Occ:Agriculture, R/o.Ugargol, Saundatti Taluk, Dist: Belgaum.

(c) Basayya Ningayya Pujer, Age: Major, Occ: Agriculture, : 4 :

R/o.Ugargol, Saundatti Taluk, Dist: Belgaum.

(d) Smt.Shantavva, W/o.Mahantesh Mathapati, Age: Major, Occ:Household work, R/o., Taluk: Saundatti, Dist: Belgaum.

(e) Kumari Renuka, D/o.Ningayya Pujer, Age: Major, Occ:Household work, R/o.Ugargol, Saundatti Taluk, Dist: Belgaum.

(f) Kumari Nirmala, D/o.Ningayya Pujer, Age: Major, Occ:Agriculture, R/o.Ugargol, Saundatti Taluk, Dist: Belgaum. ... RESPONDENTS

(By Sri.R.B.Deshpande, Adv. for R1, Sri.H.Ramachandra, Adv.) . . . .

This R.S.A. is filed under Section 96 read with Section Order 41 Rule 1 of Code of Civil Procedure against the Judgment and Decree dated 10.09.2004 passed in O.S.No.54/96 on the file of the Civil Judge (Sr.Dn.), Saundatti, partly decreeing the suit of respondent No.1 herein for declaration and consequential relief of injunction.

This R.S.A. coming on for orders , this day, the court delivered the following: : 5 :

JUDGMENT

Even though the matter is called thrice, none appears. The appellants as well as the learned counsel for the appellants are absent. Hence, appeal stands dismissed for non-prosecution .

Sd/- JUDGE

SPS/-