- 1 - HC-KAR NC: 2025:KHC-D:7705-DB RFA No. 100155 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JUNE 2025 PRESENT THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO.100155 OF 2020 (PAR/POS) BETWEEN: RACHAPPA ADOPTED FATHER MALLAPPA KULLOLI AGE: 58 YEARS, OCC: AGRICULTURE, R/O: CHANNAGIRI CEMENTS PVT. LTD., UTTUR, TQ: MUDHOL, DIST: BAGALKOT. …APPELLANT (BY SRI. J.S.SHETTY, ADVOCATE) AND: 1. SRI. MAHALINGAPPA S/O. CHANNAPPA KULLOLI, AGE: 59 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: SIDRAMESHWAR NAGAR, MUDHOL. 2. SRI. MALLAPPA S/O. CHANNAPPA KULLOLI AGE: 55 YEARS, OCC: AGRICULTURE, R/O: MAIN ROAD, MAHALINGAPUR, TQ: MUDHOL. 3. SMT. SUNITA W/O. MAHALINGAPPA KULLOLI, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O: MAHARAJA COLONY, MUDHOL. …RESPONDENTS (BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE FOR R1 AND R3; NOTICE TO R2 IS HELD SUFFICIENT) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 20.08.2019 PASSED IN O.S.NO.30/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MUDHOL PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2025.06.17 13:16:49 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7705-DB RFA No. 100155 of 2020 THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.NATARAJ) There is no representation for the appellant though it is called twice in the day. Hence, the appeal is dismissed for non-prosecution. Office is directed to intimate the appellant about the dismissal of the appeal. Sd/- (R.NATARAJ) JUDGE Sd/- (RAJESH RAI K) JUDGE RH Ct:vh List No.: 1 Sl No.: 32