- 1 - RFA No. 3050 of 2010 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF SEPTEMBER, 2022 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR FIRST APPEAL NO. 3050 OF 2010 (PAR-) BETWEEN: 1. SMT LAXMIBAI W/O BHIMA JARALI DIED ON 01.02.2010. SINCE DECEASED BY HER L.R SHRI. LAXMAN BHIMA JARALI, AGE: 66 YEARS, OCC: AGRICULTURE, R/O: ANKALI 591 313, TALUKA: HUKERI, DIST: BELGAUM 2. SHRI. SIDRAM BHIMA JARALI AGE: 64 YEARS, OCC: AGRICULTURE, R/O ANKALI 591 313, TALUKA: HUKERI, DIST: BELGAUM 3. SHRI. APPASAHEB BHIMA JARALI AGE: 62 YEARS, OCC: AGRICULTURE,R/O ANKALI 591 313TALUKA: HUKERI, DIST: BELGAUM 4. SHRI. TAMMANNA BHIMA JARALI AGE: 60 YEARS, OCC: AGRICULTURE, R/O ANKALI 591 313, TALUKA: HUKERI, DIST: BELGAUM 5. SHRI. DUNDAPPA BHIMA JARALI AGE: 53 YEARS, OCC: AGRICULTURE, R/O ANKALI 591 313, TALUKA: HUKERI, DIST: BELGAUM 6. SMT. SHANTA D/O BHIMA JARALI AGE: 54 YEARS, OCC: HOUSEHOLD, R/O ANKALI 591 313, TALUKA: HUKERI, DIST: BELGAUM - 2 - RFA No. 3050 of 2010 7. SMT. PUSHPA W/O. PRAKASH ARABOLE AGE: 44 YEARS, OCC: HOUSEHOLD, R/O TANNODI-416 551, TALUKA: GADHINGLAJ, DIST: KOLHAPURSTATE: MAHARASTRA …APPELLANTS (BY SRI. S.V.DESHPANDE, ADVOCATE) AND: 1. SMT. TAYAWA @ TAYAKKA W/O SHANKAR SHILE, AGE: 67 YEARS, OCC: HOUSEHOLD, R/O KADALAGE - 416 506, TALUKA : GADHINGLAJ, DIST: KOLHAPUR, STATE: MAHARASTRA 2. SMT. AWAKKA W/O. SHANKAR MASTI AGE: 58 YEARS, OCC: HOUSEHOLD, R/O. BHADGAON-416502, TAL: GADHINGLAJ, DIST: KOLHAPUR 3. SHRI. SHANKAR SHIVALING JARALI AGE: 65 YEARS, OCC: AGRICULTURE, R/O. ANKALI-591 313, TAL: HUKKERI, DIST: BELGAUM 4. SHRI. PANDIT SHIVALING JARALI AGE: 62 YEARS, OCC: AGRICULTURE, R/O. ANKALI-591 313, TAL: HUKERI, DIST: BELGAUM 5. SHRI. ISHWAR SHIVALING JARALI AGE: 58 YEARS, OCC: SERVICE, R/O. H.NO.67, II CROSS, 7TH MAIN TATA NAGAR KODAGIHALLI, BYATRAYANPUR, BANGALORE 560092 6. SHRI. MAHALING SHIVALING JARALI AGE: 56 YEARS, OCC: AGRICULTURE, R/O. ANKALI 591 313, TAL: HUKERI 7. SHRI. SUKHADEV SHIVALING JARALI AGE: 52 YEARS, OCC: SERVICE, R/O: DOOR NO. 26A NEW NO.90 SHRUTI NIWAS, KRISHNA TEMPLE ROAD, DODDABOMMASANDRA - 3 - RFA No. 3050 of 2010 VIDYARANYAPUR POST, BANGALORE-560 097 8. SHRI. MAHADEV MALLAPPA NAIK AGE: 51 YEARS, OCC: AGRICULTURE, R/O. BELAVI - 591 309, TAL: HUKKERI, DIST: BELGAUM 9. SMT. SUSHILA W/O. SHIVALING WANI AGE: 45 YEARS, OCC: HOUSEHOLD, R/O. NIDASOSHI 591 236, TAL: HUKKERI, DIST: BELGAUM 10. SHRI. MARUTI BHIMA JARALI AGE: 56 YEARS, OCC: AGRICULTURE, R/O ANKALI 591 313, TALUKA: HUKERI, DIST: BELGAUM …RESPONDENTS (BY SRI. B S KAMATE, ADVOCATE FOR R1 TO R7; SRI. RAVI S. BALIKAI, ADVOCATE FOR R9 & R10; R8 SERVED) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED 11.01.2010, PASSED IN O.S.NO.8/2004 ON THE FILE OF THE CIVIL JUDGE (SR. DN.), HUKKERI, DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT PASSED THE FOLLOWING: JUDGMENT It is learnt from the Bar that, Sri. M.G.Naganuri, passed away in the year 2019 and on perusal of the vakalath, apart from counsel Sri. M.G.Naganuri, there is signature of Smt. S.V.Deshpande and Smt. S.V.Deshpande - 4 - RFA No. 3050 of 2010 is not pursuing the matter and hence, there is no need of issuance of Court notice to the appellants, when the appellants are represented through the counsel and this matter was periodically listed before the Court, and also on 25.10.2021 there was no representation on behalf of the appellants. 2. Only learned counsel for the respondent Nos.1 to 7 made an appearance and learned counsel for respondent Nos.1 to 7 also reported the death of respondent No.6, stating that he died on 06.08.2020 and death certificate is also furnished and this Court has given last chance by granting a week’s time to take necessary steps in respect of the deceased respondent No.6 and no steps are taken from 25.10.2021 and the appellant counsel is not appeared before the Court and hence, the appeal is dismissed for non-prosecution. Sd/- JUDGE SVH List No.: 1 Sl No.: 22