Karnataka High Court
Rajesab Imamsab Jamadar vs Balasab Imamsab Jamadar on 3 June, 2024
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NC: 2024:KHC-D:7339
RSA No. 100217 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR SECOND APPEAL NO. 100217 OF 2018 (PAR-)
BETWEEN:
RAJESAB IMAMSAB JAMADAR
SINCE DECEASED BY HIS LRS
1. SHRI IMAM S/O RAJESAB JAMADAR,
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O: SAPTASAGAR-591503
TQ: ATHANI, DIST: BELAGAVI.
2. SHRI HASAN S/O RAJESAB JAMADAR,
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O: SAPTASAGAR-591503.
TQ: ATHANI, DIST: BELAGAVI.
3. SMT ROSHAN W/O RAJESAB JAMADAR,
AGE: 69 YEARS, OCC: AGRICULTURE
& HOUSEHOLD,
R/O: SAPTASAGAR-591503
Digitally signed
by SAROJA TQ: ATHANI, DIST: BELAGAVI.
HANGARAKI
Location: HIGH 4. SMT RAMEEJA W/O MOULASAB TERDAL
COURT OF AGE: 42 YEARS, OCC: HOUSEHOLD,
KARNATAKA R/O: SAPTASAGAR-591503
DHARWAD
BENCH TQ: ATHANI, DIST: BELAGAVI.
DHARWAD
5. SMT. SHAMSHAD
W/O NIZAMSAB HUNDEKAR
AGE: 40 YEARS, OCC: HOUSEHOLD,
R/O: SAPTASAGAR-591503
TQ: ATHANI, DIST: BELAGAVI.
6. SMT FATIMA W/O MANSOOR MULLA
AGE: 38 YEARS, OCC: HOUSEHOLD,
R/O: SAPTASAGAR-591503
TQ: ATHANI, DIST: BELAGAVI.
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NC: 2024:KHC-D:7339
RSA No. 100217 of 2018
7. SMT. NAZIRMA D/O RAJESAB JAMADAR
AGE: 34 YEARS, OCC: HOUSEHOLD WORK,
R/O: SAPTASAGAR-591503
TQ: ATHANI, DIST: BELAGAVI.
8. SMT ASHABI D/O RAJESAB JAMADAR
AGE: 33 YEARS, OCC: HOUSEHOLD,
R/O: SAPTASAGAR-591503
TQ: ATHANI, DIST: BELAGAVI.
...APPELLANTS
(BY SRI S.V.DESHPANDE, ADVOCATE)
AND:
BALASAB IMAMSAB JAMADAR
SINCE DECEASED BY HIS LRS
1. SHRI MEHABUB BALASAB JAMADAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: KAGWAD-591503,
TQ: ATHANI, DIST: BELAGAVI.
2. SHRI NOORUDDIN BASALAB JAMADAR
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: KAGWAD-591223,
TQ: ATHANI, DIST: BELAGAVI.
3. SMT MASAI BALASAB JAMADAR
AGE: 75 YEARS, OCC: HOUSEHOLD WORK,
R/O: KAGWAD-591223,
TQ: ATHANI, DIST: BELAGAVI.
4. SMT AVUMA HARUN MOMIN
AGE: 53 YEARS, OCC: HOUSEHOLD WORK,
R/O: NALBAND GALLI,
TQ: ATHANI-591304, DIST: BELAGAVI.
5. SMT. MAMTAJ BABASAB APARAJ
AGE: 44 YEARS, OCC: HOUSEHOLD ,
R/O: MOLE-591303,
TQ: ATHANI, DIST: BELAGAVI.
...RESPONDENTS
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NC: 2024:KHC-D:7339
RSA No. 100217 of 2018
THIS RSA IS FILED U/S. 100 OF CPC, PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE DATED 09.11.2017 PASSED BY THE
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ATHANI IN
R.A.NO.12/2008 AND SET ASIDE THE JUDGMENT AND DECREE
DATED 01.09.2007 PASSED BY THE PRINCIPAL CIVIL JUDGE
(JR.DN.) AND JMFC, ATHANI IN O.S.NO.2/2001 AND ALLOW THE
APPEAL WITH COSTS THROUGHOUT BY DISMISSING THE SUIT IN
O.S.NO.2/2001 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC,
ATHANI.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
It is forthcoming that, this Court had granted two weeks time as a final chance on 13.03.2023.
However, since the office objections have not been complied with, this Court vide order dated 13.02.2024 granted a week's time on payment of costs of Rs.1,000/-.
Though sufficient time was granted, neither the cost has been paid nor the office objections have been complied with.
In view of the same, the above appeal is dismissed for non-prosecution.
Sd/-
JUDGE SVH CT:GSM List No.: 2 Sl No.: 329