- 1 - RFA No. 100005 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF MAY, 2023 PRESENT THE HON'BLE MR JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 100005 OF 2018 (PAR/POS) BETWEEN: 1. SHRI PRAKASH JAKKAPPA JUVEKAR, AGE: 61 YEARS, OCC: BUSINESS, R/O: H.NO. 384, KARBAR GALLI, VADGAON, BELAGAVI-590 005. 2. SHRI ANAND @ ANANT JAKKAPPA JUVEKAR, AGE: 48 YEARS, OCC: BUSINESS, R/O: H.NO. 384, KARBAR GALLI, VADGAON, BELAGAVI-590 005. 3. SMT SHUBHANGI W/O MANOHAR MUTAGEKAR, AGE: 46 YEARS, OCC: HOUSEHOLD, R/O: MARUTI GALLI, SAMBRA, BELAGAVI-491 124. …APPELLANTS (BY SRI.PRAKASH JAKKAPPA JUVEKAR - APPALLANT NO.1 - SERVED AND ABSENT; SMT.SHUBHANGI MUTAGEKAR - APPELLANT NO.3 - SERVED AND ABSENT; SRI.ANAND @ ANANT JAKKAPPA JUVEKAR - APPELLANT NO.2 - DEAD) GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: HIGHCOURT OF KARNATAKA- DHARWAD BENCH Date: 2023.06.02 11:27:08 +0530 - 2 - RFA No. 100005 of 2018 AND: 1. SMT ANUSAYA W/O. LAXMAN JADHAV, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO. 86/B, VAZE GALLI, VADGAON, BELAGAVI-590 005. 2. SMT MANJULA W/O MALLAPPA CHOUGULE, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO. 1377, TEACHERS COLONY, SAMBHAJI NAGAR, NIPPANI-591 237, TAL: CHIKODI, DIST: BELAGAVI. 3. SMT SUJATA W/O VISHNU GAWADE, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O: MARUTI GALLI, UCHAGAON (CHURMARI)-591 128, TAL and DIST: BELAGAVI. …RESPONDENTS (BY SRI SHREEVATRA S. HEGDE, ADVOCATE FOR R1-R3) THIS REGULAR FIRST APPEAL FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 CPC, 1908 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 03.11.2017 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM BELAGAVI, IN O.S. 147/2015 INSOFOR AS GRANT OF SHARE IN SUIT LANDS RS NO.65/1, 285/6/1/C AND 415/2 IS CONCERNED AND ETC. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, ASHOK S. KINAGI J.,DELIVERED THE FOLLOWING: - 3 - RFA No. 100005 of 2018 ORDER On 06.03.2023, it was submitted at the bar that learned counsel for the appellants Sri. M. G. Naganuri is no more. Court notice was issued to the appellants. Court notice was served on appellants No.1 and 3 and the postal cover in respect of appellant No.2 is returned with the shara as 'dead'. The appeal is of the year 2018. In spite of service of notice, none appears for the appellants. It seems that the appellants are not interested in prosecuting the appeal. Accordingly, the appeal is dismissed for non- prosecution. SD/- JUDGE SD/- JUDGE gab List No.: 1 Sl No.: 22