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2023 Supreme(Online)(KAR) 8704
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NC: 2023:KHC-D:7348-DB
RFA No. 100666 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
REGULAR FIRST APPEAL NO. 100666 OF 2022
BETWEEN:
1.
SMT. DEEPA W/O. DIWAKAR DESHAPANDE,
AGE: 65 YEARS, OCC: HOUSEHOLD,
R/O: PLOT No.6, II STAGE HANUMAN NAGAR,
TQ AND DIST: BELAGAVI-590 001.
2.
SMT. SHARAYU W/O. SUNIL NAIK,
AGE: 62 YEARS, OCC: SERVICE AND AGRICULTURAL,
R/O: KADOLI, TQ AND DIST: BELAGAVI-590 001.
…APPELLANTS
(BY SRI.SHAFIAHAMAD B.SHAIK, ADVOCATE(ABSENT)).
AND:
1.
SHRI. SHRIDHAR S/O. KESHAV NADGOUDA,
AGE: 59 YEARS, OCC: AGRICULTURAL,
R/O: KADOLI, (OPP TO GRAM PANCHAYAT OFFICE),
KADOLI, TAL AND DIST: BELAGAVI-590 001.
2.
SMT. VARADA W/O. PRABHAKAR NAIK,
AGE: 50 YEARS, OCC: AGRICULTURAL AND HOUSEHOLD,
R/O: VEDANGA RESIDENCY, G-3, IIIRD CROSS,
BHAGYA NAGAR, BELAGAVI-590 001.
3.
SMT.MANJURI W/O. MADHAN TOPANI,
AGE: 48 YEARS, OCC: HOUSEHOOLD AND
AGRICULTURAL, R/O: FULBAG GALLI, BELAGAVI-590 001.
…RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 CPC. AGAINST THE
JUDGMENT AND DECREE DATED 10.08.2022 PASSED IN O.S.NO.
351/2015 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND
CHIEF JUDICIAL MAGISTRATE AT BELAGAVI,DISMISSING THE SUIT
FILED FOR PARTITION AND SEPARATE POSSESSION.
Digitally signed by
MOHANKUMAR B
SHELAR
Location: HIGH
COURT OF
KARNATAKA
Date: 2023.07.19
16:05:47 +0530
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NC: 2023:KHC-D:7348-DB
RFA No. 100666 of 2022
THIS RFA COMING ON FOR ORDERS THIS DAY, ASHOK S.
KINAGI J., DELIVERED THE FOLLOWING:
This appeal is filed on 09.11.2022. Office has raised
certain office objections. Three weeks time was granted to
comply with the office objections. In spite of granting
time, office objections were not complied with. The matter
was posted on 12.04.2023 and two weeks time was
granted to comply with the office objections. Again the
matter was posted on 24.05.2023. On that day, none
appears for the appellants and two weeks time was
granted to comply with the office objections. Thereafter,
the matter was listed on 14.06.2023. At the request of the
learned counsel for the appellants, finally, one week time
was granted to comply with the office objections, subject
to payment of cost of Rs.2,000/-.
Even today, none appears for the appellants.
The matter has been posted four times for compliance of
office
objections.
In
spite
of
granting
sufficient
opportunities, office objections were not complied with. It
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seems that, appellants are not interested in prosecuting
the appeal.
Accordingly, the appeal is dismissed for non-
compliance of office objections.
Sd/-
JUDGE
Sd/-
JUDGE
MBS
List No.: 1 Sl No.: 19
