- 1 - NC: 2025:KHC-D:2631-DB RFA No. 100261 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100261 OF 2022 (PAR/POS) BETWEEN: 1. BHEEMAPPA, S/O. KALLAPPA BANAPPANAVAR AGE: 76 YEARS, OCC: AGRICULTURE, R/O. TALWAR ONI, KELGERI, TALUK AND DIST DHARWAD-580008. 2. KALLAPPA, S/O. BHEEMAPPA BANAPPANAVAR AGE: 46 YEARS, OCC. AGRICULTURE, R/O. TALWAR ONI, KELGERI, TALUK AND DIST DHARWAD-580008. 3. SHIVANAND, S/O. BHEEMAPPA BANAPPANAVAR AGE: 41 YEARS, OCC. AGRICULTURE R/O. TALWAR ONI, KELGERI, TALUK AND DIST DHARWAD-580008. 4. MANJUNATH, S/O. BHEEMAPPA BANAPPANAVAR AGE: 36 YEARS, OCC. AGRICULTURE R/O. TALWAR ONI, KELGERI, TALUK AND DIST DHARWAD-580008. …APPELLANTS (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA Date: 2025.02.15 11:34:48 +0530 - 2 - NC: 2025:KHC-D:2631-DB RFA No. 100261 of 2022 AND: 1. SMT. NEELAVVA W/O. SHIVAPPA ARENNAVAR AGE: 51 YEARS, OCC. HOUSEHOLD, R/O. VANAHALLI, TALUK AND DIST DHARWAD-580112. 2. GANGAVVA W/O. NINGAPPA GUDADARI AGE: 56 YEARS, OCC. HOUSEHOLD, R/O. HALE TEGUR KELGERI TALUK AND DIST DHARWAD-580008. 3. TANGEVVA D/O. BHEEMAPPA HEBBALLI AGE: 38 YEARS, OCC. HOUSEHOLD, R/O. GUMGOL, TALUK. NAVALGUND, DIST. DHARWAD-581201. …RESPONDENTS (BY SRI. GANAPATI M. BHAT, ADVOCATE FOR R2 AND R3; NOTICE TO R1 IS SERVED) THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 27.11.2021 PASSED IN O.S.NO.471/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, DHARWAD, PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - NC: 2025:KHC-D:2631-DB RFA No. 100261 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) None appears for the appellants. There is no representation on behalf of appellants. Sufficient opportunity is given to file paper books. Order sheet dated 24.01.2025, reads as under: None appears for the appellants. Finally, two weeks time is granted to file paper books, failing which, appeal shall be listed for dismissal on 10.02.2025. 2. Inspite of the above order, there is no representation on behalf of the appellants and even paper books are not filed. It appears that appellants are not interested in prosecuting the appeal. Hence, appeal is dismissed for non-filing of paper books. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AG LIST NO.: 1 SL NO.: 34