1 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD DATED THIS 12TH DAY OF JUNE, 2024 BEFORE HON'BLE MR. JUSTICE C.M. POONACHA RSA NO. 100347 OF 2023 BETWEEN: YALLAVVA W/O SHANKAREPPA UPPAR AGE: 64 YEARS OCCUPATION: AGRICULTURE R/O: MIRJI TALUK: MUDHOL ... APPELLANT (BY SRI. SRINIVAS B. NAIK AND SAIKIRAN B. NAIK, ADVS. FOR APPELLANT) AND 1. UDDAVVA W/O YALLAPPA NIPPANI AGE: 69 YEARS, OCCUPATION: AGRICULTURE R/O: KONUR, TALUK: GOKAK 2. SIDDAVVA W/O SURAPPA KAPPALAGUDDI AGE: 64 YEARS, OCCUPATION: AGRICULTURE R/O: HANDIGUND, TALUK: RAIBAG 3. SAYAVVA W/O MAHADEVAPPA PUJARI AGE: 61 YEARS, OCCUPATION: AGRICULTURE R/O: KESARAGOPPA, TALUK: MUDHOL 4. YAMANAPPA S/O MAHADEVAPPA PUJARI AGE: 36 YEARS, OCCUPATION: AGRICULTURE R/O: KESARAGOPPA, TALUK: MUDHOL 2 5. PARASAPPA S/O MAHADEVAPPA PUJARI AGE: 34 YEARS, OCCUPATION: AGRICULTURE R/O: KESARAGOPPA, TALUK: MUDHOL 6. NAGAPPA S/O MAHADEVAPPA PUJARI AGE: 32 YEARS, OCCUPATION: AGRICULTURE R/O: KESARAGOPPA, TALUK: MUDHOL 7. BANGAREPPA S/O SABANNA BYAKOD AGE: 74 YEARS, OCCUPATION: AGRICULTURE R/O: KESARAGOPPA, TALUK: MUDHOL 8. HANAMANTAPPA S/O SABANNA BYAKOD AGE: 69 YEARS, OCCUPATION: AGRICULTURE R/O: KESARAGOPPA, TALUK: MUDHOL 9. BALAPPA S/O YAMANAPPA BYAKOD AGE: 78 YEARS, OCCUPATION: AGRICULTURE R/O: KESARAGOPPA, TALUK: MUDHOL 10. MAHALINGAPPA S/O YAMANAPPA BYAKOD AGE: 73 YEARS, OCCUPATION: AGRICULTURE R/O: KESARAGOPPA, TALUK: MUDHOL 11. SADAPPA S/O YAMANAPPA BYAKOD AGE: 68 YEARS, OCCUPATION: AGRICULTURE R/O: KESARAGOPPA, TALUK: MUDHOL 12. SIDDAPPA S/O YAMANAPPA BYAKOD AGE: 67 YEARS, OCCUPATION: AGRICULTURE R/O: KESARAGOPPA, TALUK: MUDHOL 13. DHAREPPA S/O YAMANAPPA BYAKOD AGE: 63 YEARS, OCCUPATION: AGRICULTURE R/O: KESARAGOPPA, TALUK: MUDHOL 14. NAGAVVA W/O MAHALINGAPPA PUJERI AGE: 76 YEARS, OCCUPATION: AGRICULTURE R/O: AVARADI, TALUK: GOKAK 3 15. SMT. LAKKAVVA W/O LAXMAN HUKKERI SINCE DECEASED BY HER LR’S 15A. LAXMAN S/O YALLAPPA HUKKERI AGE: 70 YEARS, OCCUPATION: AGRICULTURE R/O: BELAGAVI, TALUK: MUDHOL 15B. BHIMAPPA S/O LAXMAN HUKKERI AGE: 45 YEARS, OCCUPATION: AGRICULTURE R/O: PAILWAN TOTA, KESARAKOPPA, TALUK: MUDHOL 15C. LAKKAPPA S/O LAXMAN HUKKERI AGE: 40 YEARS, OCCUPATION: AGRICULTURE R/O: BYAKUD TOTA, KESARAKOPPA, TALUK: MUDHOL 15D. SMT. BASAVVA W/O MUTTAPPA @ MUDAKAPPA KESARAGOPPA AGE: 35 YEARS, OCCUPATION: HOUSEHOLD WORK R/O: RABAKAVI (NEW PLOT), TALUK: BANAHATTI 16. CHANDRAVVA W/O YALLAPPA JEDIYANNAVAR AGE: 65 YEARS, OCCUPATION: AGRICULTURE R/O: UPPAR ONI, GOKAK, TALUK: GOKAK 17. GANAPATI S/O MUTTAPPA UPPAR AGE: 32 YEARS, OCCUPATION: AGRICULTURE R/O: JAGADAL, TALUK: JAMAKHANDI 18. GOURAVVA W/O SIDDAPPA BYAKOD AGE: 30 YEARS, OCCUPATION: AGRICULTURE R/O: KESARAKOPPA, TALUK: MUDHOL 19. YALLAVVA W/O HANAMANT BYAKOD AGE: 58 YEARS, OCCUPATION: AGRICULTURE R/O: KESARAKOPPA, TALUK: MUDHOL ...RESPONDENTS 4 RSA FILED UNDER SECTION 100 OF CPC, PRAYING TO, SET ASIDE JUDGMENT AND DECREE DATED 10.02.2020 PASSED IN R.A. NO. 94/2016 ON THE FILE OF I ADDITIONAL DISTRICT AND SESSION JUDGE BAGALKOT SITTING AT JAMKHANDI AND MODIFY THE JUDGMENT AND DECREE DATED 07.10.2016 PASSED IN O.S. NO. 51/2013 ON THE FILE OF SENIOR CIVIL JUDGE, MUDHOL AND DECREE THE SUIT OF PLAINTIFF IN ITS ENTIRETY, FOR THE RELIEF OF PARTITION AND SEPARATE POSSESSION AWARDING SHARE IN ALL THE SUIT PROPERTIES AND THIS APPEAL BE ALLOWED WITH COST. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING; O R D E R “Although the order dated 14.03.2024 states that failure to comply with the office objections within the time stipulated will result in the dismissal of the appeal, in view of the fervent plea made by the learned counsel for the appellants, a week’s time is granted to comply with the office objections, subject to payment of cost of Rs.1,000/- to the Advocate’s Library Fund, High Court of Karnataka, Dharwad Bench, Dharwad, making it clear that if cost is not paid and the office objections are not complied with within one week, the above appeal shall automatically stand dismissed without further orders from this Court.” SD/- JUDGE 5 //COPY// Note:- As per endorsement made in the order sheet dated 08.08.2024. Counsel for the appellant has not complied with the office objections at Sl. No. 1 to 10 and has not filed the cost memo a/w cost paid receipt. Hence, this RSA No. 100347/2023 stand dismissed without further orders from this Court as per the Court Order dated 12.06.2024. SD/- ASSISTANT REGISTRAR. R- By:- C- By:-rv T- By: - cnb