Sri. Manohar vs Bhimareddy
2022 Latest Caselaw 2244 Kant

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

         DATED THIS THE 11th OF FEBRUARY, 2022

                             PRESENT

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

                                AND

          THE HON'BLE MR. JUSTICE S. RACHAIAH

                     RFA NO.100520/2019

BETWEEN:
1.      Sri. Manohar S/o. Ramappa Bagalkoti,
        Age about 64 years, Occ: Business,
        R/o. No.83, Adhyapak Nagar, Hubballi.

2.      Smt. Devika W/o. Manohar Bagalkoti,
        Age about 55 years, Occ: Business,
        R/o. No.83, Adhyapak Nagar,
        Hubballi.

3.      Sri. Deepak S/o. Manohar Bagalkoti,
        Age about 32 years, Occ: Business,
        R/o. No.83, Adhyapak Nagar,
        Hubballi, presently at
        Basaveshwar nagar, Bengaluru-590079

                                                  .. Appellants
(By Smt. G. Meera Bai, Advocate for appellants)

AND:

1.      Bhimareddy S/o. Gundreddy Kallure,
        Age about 67 years, Occ: Agriculture,
        R/o. Kitta Village, Tq. Basavakalyan,
        Dist. Bidar, represented by his
        Special P.A.Holder
                                                       RFA No.100520/2019


                                  2


      Shri. Guru S/o. Siddalingouda Patil,
      Age 47 years, Occ: Agriculture and Business,
      R/o. H.No.52, 5th Cross, Laxmi Nagar,
      Gokul Road, Hubballi.

2.    The Deputy Commissioner,
      D.C.Compound, Dharwad.

3.    The Tahasildar,
      Mini Vidhana Soudha,
      Hubballi.

4.    Bharat Petroleum Corporation Limited,
      A Company Incorporated under
      The Companies Act,
      Represented by its Managing Director,
      Having its Registered Office at Bharat
      Bhavan, 4 and 6, Currimbhoy Road,
      Ballarad estate, Mumbai.
                                                          .. Respondents

(Sri. Prakash K. Jawalkar, Advocate for C/R1)


      This RFA is filed under Section 96 of CPC, against the
Judgment     and      Decree    dated       16.08.2019,     passed     in
O.S.No.49/2017 on the file of the II Additional Senior Civil Judge,
Hubballi, decreeing the suit filed for declaration and injunction.


      This   appeal    coming    on   for    orders    through   physical
hearing/video         conferencing          hearing       this       day,
Dr.H.B.Prabhakara Sastry J., passed the following:



                                ORDER

None appear in this matter.

RFA No.100520/2019

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

this appeal is of the year 2019 and since then for more than

two years the appellants have not complied the office

objections, raised by the Registry.

The said office objections also show that, the same are

too trivial which requires hardly any time to comply the same

in toto. Despite the same, for more than two years, the

appellant has not complied the office objections, in spite of

granting sufficient opportunities, even twice, as finally.

No reasons are forthcoming either for non-compliance

of the office objections or for non-appearance. Hence, the

appeal stands dismissed for non-compliance of the office

objections, as well as for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

*Svh/-