IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD. DATED THIS THE 15TH DAY OF FEBRUARY 2011 PRESENT THE HON’BLE MR. JUSTICE N.K.PATIL AND THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA RFA No.1522/2005 (PAR) BETWEEN: G .Aluvelu, W/o late Venkatesh H. Venkappa Hanumanthappa Kalasad, Aged about 31 years, 0cc: Household work, Ashoka Nagar, II Cross, Ranebennur, Now at Near Railway Station, C/o Lingaraj, Chitradurga-577 501. .Appellant. (By Sri. S. Vishwajith Shetty, Adv. ABSENT) AND: Hanumanthappa Kalasad, S/o Suryappa Kalasad, Aged about 65 years, Retired Officer and Merchant, R/o Ashoka Nagar, II Cross, K.S.R.T.C. Bus-Stand, Ranebennur, Haven Dist.-573 201, 97WJ 2 2. Vijaya Kumar Kalasad, S/o Hanumanthappa Kalasad, Aged about 25 years, Rio Ashoka Nagar, II Cross, K.S.R.T.C. Bus-Stand, Ranebennur, Haven Dist.-573 201, 3. Geetha Kalasad, W/o Hanumanthappa Kalasad, Aged about 25 years, Retired Officer and Merchant, R/o Ashoka Nagar, II Cross, K.S.R.T.C. Bus-Stand, Ranebennur, Haven Dist.-573 201, 4. M/s Sunil Traders, Prop. Basavaraja @ Basanyappas General Merchants and Commission Agents, Nehru Market, P.O. Ranebennur, Haven Dist.-573 201, 5. Smt. Chandrakala, W/o Durudundeshwara, Aged about 35 years, Household, Durudundeshwara Printing Press, Ullagaddi Oni, Dharwad Post-580 001, Respondents (By Sri. Dinesh M. Kulkarni, Adv. for R- 1 to R-5; Appeal abated against R-3 v/O dated 08.04.20 10) This Regular First Appeal is filed under Section 96 of CPC against judgment and decree dated 18.07.2005 passed in O.S. No.34/200 1 on the file of the Addl. Civil Judge ‘-tfi,7f I 3 (Sr.Dn.), Ranebennur, dismissing the suit for partition and separate possession. This appeal coming on for final hearing this day, N.K.Patil J., delivered the following: JUDGMENT This matter is called. Neither the appellant nor the counsel appearing for appellant is present. It appears neither of them is diligent in prosecuting the appeal. Hence, Appeal is dismissed for non-prosecution. Sd/ JUDGE mkc