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IN THE HIGH COURT OF BENCH

DATED THIS THE 22 ND DAY OF MARCH, 2016

BEFORE

THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR

RFA NO.249/2005 (PAR)

BETWEEN

SHIDDALINGAPPA YALLAPPA BANAKKANAVAR, AGE 60 YEARS OCC: AGRICUTURIST, R/O KUNDGOL DIST: DHARWAD-580001 ... APPELLANT

(BY SRI.P.V.GUNJAL, SRI.V.V.GUNJAL & SRI.V.S.GUNJAL, ADVOCATES - ABSENT)

AND

1. SRI.MANJUNATH SHIDLINGAPPA BANAKKANAVAR, AGE 24 YEARS OCC: AGRICULTURE, R/O KUNDGOL DIST: DHARWAD-580001

2. SRI.BASAVARAJ SHIDLINGAPPA BANAKKANAVAR, AGE 20 YEARS OCC.STUDENT, R/O KUNDGOL DIST DHARWAD-58001 (SINCE MINOR REP BY M/G. NATURAL MOTHER – 3 RD RESPONDENT SMT.GANGAWWA (DODDAGANGAWWA) W/O SHIDLINGAPPA BANAKKANAVAR

3. SMT GANGAWWA (DODDAGANGAWWA) W/O SHIDDLINGAPPA BANAKKANAVAR AGE 50 YEARS, OCC:AGRICULTURE R/O KUNDGOL, DIST: DHARWAD-580001 : 2 :

4. SMT SHAKUNTALA (RENUKA) W/O HANAMANTAPPA VITHOJI AGE 26 YEARS, OCC : AGRIL R/O KUNDGOL, NOW AT TALUK/DIST GADAG-582 101 ... RESPONDENTS

(BY SRI.T.M.NADAF, ADVOCATE FOR R1-R3 – ABSENT; RESPONDENT NO.4 - SERVED)

THIS RFA IS FILED U/SEC 96 CPC AGAINST THE JUDGMENT AND DECREE DATED: 30.11.2004 PASSED IN OS.NO. 206/2002 ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN.), , DECREEING THE SUIT FOR PARTITION AND SEPERATE POSSESSION WITH MESNE PROFITS.

THIS RFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Vide order dated 27.06.2014, this

Court has noted that both advocates’ submission that their respective parties have taken back the file on the ground that they have already compromised the matter. Court notice issued to the appellant is served.

None appears. The matter is of the year 2005.

Hence, there is no justification to continue this appeal. : 3 :

Accordingly, the appeal is dismissed for non- prosecution.

Sd/- JUDGE Vnp*