Hajaratsab vs Sairabanu
2022 Latest Caselaw 1663 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

     DATED THIS THE 03RD DAY OF FEBRUARY, 2022

                       PRESENT

 THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY

                         AND

        THE HON'BLE MR. JUSTICE S. RACHAIAH

            R.F.A CROB NO.100001/2015
                        IN
               R.F.A NO.100051/2014
BETWEEN:
HAJARATSAB
S/O RAJESAB CHIKKODI,
AGED ABOUT 61 YEARS,
OCC: AGRICULTURE,
R/O: SHARANGA APARTMENT,
F-3, BLOCK, Y.P PAWARNAGAR,
SUDHAKAR COLONY,
KOLHAPUR, DIST: KOLHAPUR,
MAHARASTRA.
                                        ... APPELLANT

(BY SRI.Z.A.BAGEWADI AND SRI.G.R.PATIL, ADVOCATES)

AND:

1.     SMT.SAIRABANU
       W/O MALIKSAB BHAGAWAN,
       AGED ABOUT 56 YEARS,
       OCC: HOUSEHOLD WORKS,
       R/O: BHAGWAN GALLI,
       GHATAPRABHA,
       TALUK: GOKAK, DIST: BELGAUM.
                              RFA Crob.No.100001/2015

                        2


2.   SHAMSHADBEGUM
     W/O HAJARATSAB LIMBUWALE,
     AGED ABOUT 55 YEARS,
     OCC: HOUSEHOLD WORKS,
     R/O: BASAPPA CHOWK,
     DHARWAD.

3.   SMT.NAJAMUNNISA
     W/O SHABBIR BAGAWAN
     AGED: ABOUT 51 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: NEAR DYAMAVVAN TEMPLE,
     JAMAKHANDI,
     TQ: JAMAKHANDI,
     DIST: BELGAUM.

4.   SMT.MUKTARBEGUM
     W/O RAFIKSAB BAGAWAN
     AGED: ABOUT 49 YEARS,
     OCC: HOUSEHOLD WORKS,
     TALUK: JAMAKHANDI,
     DIST: BELGAUM.

                                      .. RESPONDENTS

(BY SRI.SADIQ N.GOODWARA, ADVOCATE)

     THIS RFA CROB IS FILED IN RFA NO.100051/2014
UNDER ORDER 41 RULE 22 OF CPC AGAINST THE JUDGMENT
AND DECREE DATED 21.01.2014 PASSED IN O.S
NO.50/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE,
SAUNDATTI, PARTLY DECREEING THE SUIT FILED FOR
PARTITION.

      THIS RFA CROB COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, DR.
H. B. PRABHAKARA SASTRY, J., MADE THE FOLLOWING:
                                     RFA Crob.No.100001/2015

                             3


                           ORDER

None appear in this matter.

A perusal of the order sheet would go to show that the

appeal is of the year 2015. In spite of the matter being one

of the old matters of this nature pending before this Court,

the learned counsel for the appellant has not appeared in this

matter. The order sheet further go to show that RFA

No.100051/2014 has also stood dismissed, as such, it was

de-linked from the cross objection.

In the light of the above, the cross objection is

dismissed for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

Vmb