Sunita W/O Maloji Shindhe vs Mahesh S/O Shivaji Badiger
2021 Latest Caselaw 1770 Kant

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     IN THE HIGH COURT OF KARNATAKA
             DHARWAD BENCH

 DATED THIS THE 17TH DAY OF MARCH 2021

                       PRESENT

 THE HON'BLE MR. JUSTICE K.SOMASHEKAR

                          AND

     THE HON'BLE MR. JUSTICE M.I.ARUN

      R.F.A. NO.100195/2016 (PAR/POS)


BETWEEN:

1.   SUNITA W/O MALOJI SHINDHE
     AGE: 49 YEARS, OCC: HOUSEHOLD WORK,
     R/O: J-4, K.U.D. QUARTERS,
     PAVATE NAGAR,
     KARNATAKA UNIVERSITY,
     DHARWAD 580001

2.   KEERTI D/O SHIVAJI BADIGER @ INGALE
     AGE: 40 YEARS, OCC: HOUSEHOLD WORK

3.   LAXMI D/O SHIVAJI BADIGER @ INGALE
     AGE: 37 YEARS, OCC: SERVICE,

     APPELLANT NOS.2 AND 3 ARE,
     R/O: BHARATI NAGAR, NEAR INDICOM
     TOWER, DHARWAD 580001.
                                               ...APPELLANTS

(BY SRI. PRAKASH S. UDIKERI, SRI.M.H.PATIL &
SRI.D.B.MUNDINAMANI, ADVS.)
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AND:

1.     MAHESH S/O SHIVAJI BADIGER @ INGALE,
       AGE: 56 YEARS, OCC: BUSINESS

2.     SHIVAJI S/O BASAVANNEPPA BADIGER @ INGALE,
       AGE: 86 YEARS, OCC: PENSIONER,

       RESP.NOS.1 AND 2 ARE
       R/O: NEAR INDICOM TOWER,
       BHARATI NAGAR, DHARWAD 580001.

3.     JANABAI W/O SURESH PADATARE
       AGE: 53 YEARS, OCC: HOUSEHOLD WORK,
       R/O: SHIRIAL SHATTER CHOWK, VIJAYAPURA 586101

4.     GODUBAI W/O SHIVAJI BADIGER @ INGALE,
       AGE: 71 YEARS, OCC: HOUSEHOLD WORK,
       R/O: NEAR INDICOM TOWER,
       BHARATI NAGAR, DHARWAD 580001.
                                         ...RESPONDENTS

(BY SRI.R.H.ANGADI. ADV. FOR R1,
R2, R3 AND R4 ARE SERVED)


       THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH

SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE

DATED 20.06.2016 PASSED IN O.S. NO.56/2010 ON THE FILE

OF THE PRINCIPAL SENIOR CIVIL JUDGE, AND CJM, DHARWAD,

DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE

POSSESSION.


       THIS   RFA   COMING   ON    FOR   ORDERS,   THIS   DAY,

K.SOMASHEKAR J., DELIVERED THE FOLLOWING:
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                         JUDGMENT

None appears for the appellants and so also

respondent No.1 either through video conference or

present before the Court physically.

The judgment and decree rendered by the Trial Court

in O.S. No.56/2010 dated 20.06.2016 has been challenged

in this appeal by urging various grounds.

Whereas, in this appeal, the order dated 25.02.2021

reveals that two weeks' time is granted for filing of paper

books and if the paper books are not filed within two

weeks, the appeal shall stand dismissed.

Despite granting sufficient time, counsel has not filed

paper books. Accordingly, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

Sd/-

JUDGE Rsh