Gudusab And Ors vs Allisab And Ors
2022 Latest Caselaw 6031 Kant

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         IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

       DATED THIS THE 4TH DAY OF APRIL, 2022

                           BEFORE

      THE HON'BLE MR.JUSTICE ASHOK S. KINAGI

                  RFA No.200049/2020

Between:

1.    Gudusab S/o Kutubsab Mandewali,
      Age: 66 years, Occ: Agriculture,
      R/o: Korwar, Tq: Sindagi,
      Dist: Vijayapur.

2.    Shamshoddin S/o Gudusab Mandewali,
      Age: 32 years, Occ: Agriculture,
      R/o: Korwar, Tq: Sindagi,
      Dist: vijayapur.

3.    Nazir S/o Gudusab Mandewali,
      Age: 29 years, Occ: Agriculture,
      R/o: Korwar, Tq: Sindagi,
      Dist: Vijayapur.
                                           ....Appellants
(By Sri. Basavaling Nasi, Advocate)

And

1.    Allisab S/o Kutubsab Mandewali,
      Age: 57 years, Occ: Tailor,
      R/o: Near Roshan Darwaza,
      Asar Galli, Vijayapur.

2.    Husensa S/o Bhawasab Yemmi @ Mandewali,
      Age: 71 years, Occ: Agriculture,
      R/o: Korwar, Tq. Sidagi,
      Dist: Vijayapur.
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3.    Dastagirsa S/o Bhawasab Yemmi @ Mandewali,
      Age: 66 years, Occ: Agriculture,
      R/o: Korwar, Tq: Sindagi,
      Dist: Vijayapur.

4.    Allisab S/o Bhawasab Yemmi @ Mandewali,
      Age: 63 years, Occ: Agriculture,
      R/o: Korawar, Tq: Sindagi,
      Dist: Vijayapur.
                                          ....Respondents

(By Sri. Koujalagi Chandrakant Laxman, Adv. for R1)

      This Regular First Appeal is filed under Section 96 R/w
Order 41 Rule 1 of Civil Procedure Code praying to allow the
appeal, call for records and set aside the impugned judgment
and decree passed by the Senior Civil Judge and JMFC at
Sindagi in OS No.126/2014 dated 18.12.2019 and thereby
decree the suit of the plaintiffs/appellants.

       This appeal coming on for Orders, this day, the Court
delivered the following:-
                       JUDGMENT

This appeal was filed on 12.03.2020. This

matter was listed on 21.12.2020 and four weeks' time

was granted to comply with the office objections. The

matter was again listed on 02.02.2021, on that day,

two weeks' time was granted finally to comply with

the office objections. Again the matter was listed on

28.10.2021 granting one week time to comply with

the office objections subject to payment of cost of

Rs.200/- to the Advocates' Library Fund. Inspite of the

said order, the appellants have not complied with the

office objections and even acknowledgment for

payment of cost as ordered was not furnished. Hence,

the matter was posted on 14.12.2021 wherein again

one week time was granted for compliance.

Today, matter is listed for the fifth time for

compliance of office objections. Inspite of granting

sufficient opportunity, learned counsel for the

appellants has failed to comply with the office

objections nor cost imposed vide order dated

28.10.2021 has been paid. It seems that the

appellants are not interested in prosecuting the

appeal. Hence, the appeal is dismissed for non-

compliance of office objections.

Sd/-

JUDGE

rs