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. 1306/2004 (Dec)

BETWEEN:

1. Basayya Ningayya Pujer, Major, R/A Ugargol Village, Soundathi Taluk.

2. Gangawwa W/O Ningayya Pujer, Aged About 50 Years, R/A Ugargol Village, Soundathi Taluk.

3. Shantawwa W/O Mahantesh Matapathi, Age 30 Years, R/at , Soundathi Taluk.

4. Renuka D/O Ningayya Pujer, Aged About 22 Years, Occ Household, R/At Ugargol Village, Soundathi Taluk.

5. Nirmala D/O Ningayya Pujer, Aged About 25 Years, Occ Household, : 2 :

R/at Ugargol Village, Soundathi Taluk. ... APPELLANTS

(By Sri. H Ramachandra, Adv.[ABSENT])

AND:

1. Narasawwa, W/O Ningappa Yaraganavi, Age Not Known, R/at Ugargol Village, Soundathi Taluk, District.

2. Channappa S/O Dundappa Yaraganavi, Since Deceased by L.Rs.

2a. Smt Annapurna Late Chennappa Yaraganavi, Aged about 70 years, R/o Ugargol, Tq. , Dist: Belgaum.

2b. Sri Dundappa S/O.Late Channappa Yaraganavi, Aged bout 55 years, R/o Shirakol, Tq. Navalgund, Dist: Dharwad.

2c. Smt Vijaya W/o Shivashankar Ramadurg, Aged about 50 years, R/o Saundatti, Dist. Belgaum.

2d. Sri Subhash, S/O. Late Channappa Yeraganavi, Aged about 48 years, R/o Belgaum. : 3 :

2e. Smt Kasturi (Uma Devi), W/O.Gangadhar Nandargi, Aged about 43 years, R/o Belgaum.

2f. Basavaraj S/o Late Chennappa Yaraganavi, Aged about 40 years, R/o Saundatti, Belgaum District.

2g. Smt Pushpa W/O.Laxman Patil, Aged about 35 years, R/o Poona.

2h. Smt Bharati W/O.Sanjeevappa Pavadeppanavar, Aged about 33 years, R/o Belgaum.

2i. Smt Meenakshi W/O.Mahananda Jutli, Aged about 30 years, R/o Belgaum.

3. Rudrawwa W/O Parappa Angadi, Major, Occ House Hold, R/A Ugargol Village, Soundathi Taluk, Belgaum District. ... RESPONDENTS

(By Sri. Shrikant T Patil, Adv. for R1, Sri V.M.Biradar and Sri V.C., advs. for R1, Sri R.B.Deshpande, Adv. for R1-ABSENT-, Sri Mallikarjun C.Basareddy, Adv. for R2(a)-2(i), R3 -ABSENT- )

. . . . This R.F.A. is filed under section 96 Of Code of Civil Procedure, against the judgment and decree Dt. : 4 :

10.9.04 passed in O.S.No.54/96 on the file of the Civil Judge (Sr. Dn.), Saundatti, partly decreeing the suit for declaration & consequential relief of injunction.

This R.F.A. coming on for hearing , this day, the court delivered the following:

JUDGMENT

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

Sd/- JUDGE

SPS/-