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In the High Court of Karnataka Dharwad Bench

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In the High Court of Karnataka Dharwad Bench : 1 : IN THE HIGH COURT OF KARNATAKA DHARWAD 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: KUNDGOL, 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: HUBLI. 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: GUDGERI, TQ: KUNDGOL. 1 (C) BASAVANNEVVA ALIAS GANGAVVA : 2 : 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: SAVANUR, 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 YALIWAL DECEASED BY HIS LRS, 4 (A) SMT. ANNAPURNAWWA W/O HONNAPPA KUBIHAL, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: PASHUPATIHAL. 4 (B) SHANTAVVA W/O GADIGEPPA BYAHATTI AGE: MAJOR, : 3 : 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 : 4 : 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 .
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