IN THE HIGH COURT OF KARNATAKA
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, Saundatti Taluk, Dist: Belgaum
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 Ramdurg, 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.Marakumbi, 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/-