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IN THE HIGH COURT OF BENCH

DATED THIS THE 14 th DAY OF SEPTEMBER, 2017

BEFORE

THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

R.S.A. NO.100098/2016 (PAR)

BETWEEN:

MALLAPPA BASAPPA SAJJANAR AGED: ABOUT 57 YEARS, OCC: AGRICULTURE, R/O: INGALGI, TQ: , DIST: DHARWAD. … APPELLANT

(BY SRI SADIQ N. GOODWALA, ADV.)

AND:

1. SMT. SHIVAWWA W/O BASAPPA SAJJANAR, AGED: ABOUT 77 YEARS, OCC: HOUSEHOLD WORK, R/O: INGALGI, TQ: .

1 (A) SMT. CHANNAVVA W/O GURUBASAPPA DHARMAYAT ALIAS SAJJANAR, AGED: ABOUT 60 YEARS, OCC: HOUSEHOLD WORK, R/O: HARLAPUR, TQ:GADAG.

1 (B) SMT. CHANNABASAVVA W/O BASAVANNEPPA TELI ALIAS SAJJANAR, AGED: ABOUT 59 YEARS, OCC: HOUSEHOLD WORK, R/O: , TQ: KUNDGOL.

1 (C) BASAVANNEVVA ALIAS GANGAVVA

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W/O ISHAPPA SAJJANAR, AGED: ABOUT 57 YEARS, OCC: HOUSEHOLD WORK, R/O: ITAGI, TQ: YELBURGA, DIST: RAICHUR.

1 (D) SMT. SHANTAVVA W W/O BASVANNEPPA SAJJANAR AGED: ABOUT 55 YEARS, OCC: HOUSEHOLD WORK, R/O: INCHANGI, TQ: , NOW AT ANANDNAGAR, OLD-HUBBALLI, SWATATRY COLONY, H.NON.38, KRISHNAPUR, OLD-HUBLI, DIST: DHARWAD.

2. MAHADEVAPPA S/O BASAPPA SAJJANAR AGED: ABOUT 47 YEARS, OCC: AGRICULTURE, R/O: INGALGI, HUBBALLI, DIST: DHARWAD.

3. CHANNAPPA S/O BASAPPA SAJJANAR AGED: ABOUT 37 YEARS, OCC: AGRICULTURE, R/O: INGALGI, HUBBALLI, DIST: DHARWAD.

4. YALLAPPA S/O SHIVAPPA DECEASED BY HIS LRS,

4 (A) SMT. ANNAPURNAWWA W/O HONNAPPA , AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: PASHUPATIHAL.

4 (B) SHANTAVVA W/O GADIGEPPA AGE: MAJOR,

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OCC: HIREHARKUNI, TQ: KUNDGOL

4 (C) RENAVVA KUMARGOUDA PATIL AGE: MAJOR, OCC: BOMMAPUR, HUBBALLI.

4 (D) SIDDAPPA YALLAPPA YALIWAL AGED: ABOUT 41 YEARS, OCC: AGRICULTURE, R/O: INGALGI, TQ: KUNDGOL, DIST: DHARWAD.

4 (E) ASHOK YALLAPPA YALIWAL AGED: ABOUT 33 YEARS, OCC: AGRICULTURE, R/O: INGALGI, TQ: KUNDGOL, DIST: DHARWAD.

4 (F) PRAKASH YALLAPPA YALIWAL AGED: ABOUT 29 YEARS, OCC: AGRICULTURE, R/O: INGALGI, TQ: KUNDGOL, DIST: DHARWAD.

4 (G) SMT. PARVATEVVA YALLAPPA YALIWAL AGE: MAJOR, R/O: INGALGI, TQ: KUNDGOL. … RESPONDENTS

(BY SRI RAVI S. MATTUR, ADV. FOR C/R2)

THIS APPEAL IS FILED U/S. 100 OF C.P.C. AGAINST THE JUDGMENT AND DECREE DATED 03.11.2015 PASSED IN R.A. NO.31/1989 ON THE FILE OF THE V ADDITIONAL DISTRICT JUDGE, DHARWAD, SITTING AT HUBBALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.02.1989 PASSED IN O.S. NO.215/1980 ON THE FILE OF THE

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PRINCIPAL CIVIL JUDGE, HUBBALLI, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, THIS COURT, PASSED THE FOLLOWING:

ORDER

The appellant’s counsel is absent. At the request of

the appellant’s counsel, two days time was granted on

10.07.2017 for compliance of office objections. The order

sheet also discloses that appellant’s counsel did not appear

on 10.07.2017 even though sufficient time had been granted

to the appellant. Cost imposed on 21.10.2016 has also not

been paid. Therefore, appeal is dismissed for non-

prosecution.

Sd/- JUDGE

VB