Smt.Uma Naidu W/O. Nandakumar ... vs Smt.Ujjibai W/O. Late. Misrimal ...
2022 Latest Caselaw 2779 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

      DATED THIS THE 18TH 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.No.100002/2020

BETWEEN

SMT. UMA NAIDU W/O. NANDAKUMAR NAIDU,
AGE: 61 YEARS,
OCC: HOUSEHOLD WORK AND TEACHER,
R/O: #5, "MANJUNATH NILAY", SAI NAGAR,
UNKAL, HUBBALLI, DIST: DHARWAD.
PIN CODE: 580031.

THROUGH HER GPA HOLDER,
SHRI. NANDAKUMAR S/O. DAMODAR NAIDU,
AGE: 65 YEARS, OCC: BUSINESS AND SOCIAL WORKER,
R/O: #5, "MANJUNATH NILAY", SAI NAGAR,
UNKAL, HUBBALLI, DIST: DHARWAD.
PIN CODE: 580031.
                                       .....APPELLANT
(BY SRI V G BHAT, ADV.)


AND

SMT. UJJIBAI W/O. LATE. MISRIMAL JAIN,
SINCE DECEASED BY HER L.RS.,

1.     SHRI. HARAKCHAND S/O. MISHRIMAL JAIN,
                                      R.F.A.No.100002/2020
                          2


     AGE: 70 YEARS, OCC: BUSINESS,
     R/O: BEHIND DESAI HOUSE,
     KRISHNA TEMPLE, DESAI CROSS,
     HUBBALLI.

2.   SHRI. D.M.JAIN S/O. MISHRIMAL JAIN,
     AGE: 59 YEARS, OCC: BUSINESS,
     R/O: FLAT NO. 203, 2ND FLOOR,
     SWARNAGIRI APARTMENTS,
     OPP. MUNICIPAL EMPLOYEES OFFICE,
     JAYACHAMARAJNAGAR,
     HUBBALLI.

3.   SMT. LEELABAI W/O. MOHANLAL JAIN,
     AGE: 69 YEARS, OCC: HOUSEHOLD WORK,
     R/O: FLAT NO.203, 2ND FLOOR,
     SWARNAGIRI APARTMENTS,
     OPP. MUNICIPAL EMPLOYEES OFFICE,
     JAYACHAMARAJNAGAR,
     HUBBALLI.

4.   SMT. KAMALA W/O. DEEPCHAND JAIN,
     AGE: 68 YEARS, OCC: HOUSEHOLD WORK,
     R/O: FLAT NO. 203, 2ND FLOOR,
     SWARNAGIRI APARTMENTS,
     OPP. MUNICIPAL EMPLOYEES OFFICE,
     JAYACHAMARAJNAGAR,
     HUBBALLI.

5.   SMT. PUSHPA MAHENDRA JAIN,
     AGE: 56 YEARS, OCC: HOUSEHOLD WORK,
     R/O: FLAT NO. 203, 2ND FLOOR,
     SWARNAGIRI APARTMENTS,
     OPP. MUNICIPAL EMPLOYEES OFFICE,
     JAYACHAMARAJNAGAR,
     HUBBALLI.


6.   KUM. SANGEETA D/O. MISHRIMAL JAIN,
                                     R.F.A.No.100002/2020
                          3


      AGE: 50 YEARS, OCC: HOUSEHOLD WORK,
      R/O: NAKODA CUT PIECE CENTRE,
      GHEE KA JANDA, PALI (PALI CITY)
      RAJASTHAN.

7.    SHRI. DINESH PARASMAL JAIN,
      AGE: 35 YEARS, OCC: BUSINESS,
      R/O: FLAT NO.203, 2ND FLOOR,
      SWARNAGIRI APARTMENTS,
      OPP. MUNICIPAL EMPLOYEES OFFICE,
      JAYACHAMARAJNAGAR,
      HUBBALLI.

8.    KUM. BHAGYALAXMI D/O. MISHRIMAL JAIN,
      AGE: 54 YEARS, OCC: HOUSEHOLD WORK,
      R/O: FLAT NO. 203, 2ND FLOOR,
      SWARNAGIRI APARTMENTS,
      OPP. MUNICIPAL EMPLOYEES OFFICE,
      JAYACHAMARAJNAGAR, HUBBALLI.

9.    KUM. DANIYAKUMARI D/O. MISHRIMAL JAIN,
      AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
      R/O: UGARGOL BUILDING, BARDANGALLI, HUBBALLI,
      NOW R/O. EVER GREEN HOUSE OF FURNITURE'S
      DARIYA MAHAL, NEAR ALANKAR CINEMA,
      MG ROAD, BARDOLI, SURAT,
      GUJARAT STATE.

10.   SHRI. DEVICHAND S/O. MISHRIMAL JAIN,
      AGE: 59 YEARS, OCC: BUSINESS,
      R/O: EVER GREEN HOUSE OF FURNITURE'S
      DARIYA MAHAL, NEAR ALANKAR CINEMA,
      MG ROAD, BARDOLI, SURAT,
      GUJARAT STATE.

11.   SHRI. GOVINDAPPA S/O SOMAPPA NALVADI,
      AGE: 72 YEARS,
      OCC: AGRICULTURE AND BUSINESS,
      R/O: HEBSUR, TQ: HUBBALLI,
                                     R.F.A.No.100002/2020
                          4


      DIST: DHARWAD.
      PIN CODE: 581209.

12.   SHRI. VEDAPRAKASH S/O. TEKCHAND PULANI,
      AGE: 55 YEARS, OCC: BUSINESS,
      R/O: PULANI AND PULANI BOOKS,
      CLUB ROAD, HUBBALLI.
      DIST: DHARWAD.
      PIN CODE: 580031.

13.   SHRI. SHADAKSHARAPPA S/O. NAGAPPA HANDRAL,
      AGE: 56 YEARS, OCC: MEDICAL PRACTITIONER,
      R/O: RAJENDRANAGAR, HAVERI,
      PIN CODE: 581110.

14.   SMT. HEMALATA W/O. ARUNKUMAR BHOOMARADDI,
      AGE: 43 YEARS,
      OCC: LANDLADY @ HOUSEHOLD WORK,
      R/O: N.NO. 53, SHRI. GOURIPRASANNA COLONY,
      RAVI NAGAR, GOKUL ROAD, HUBBALLI.
      PIN CODE: 580030.
                                      .....RESPONDENTS


     THIS RFA IS FILED UNDER SEC. 96 OF CPC., 1908,
AGAINST THE JUDGMENT AND DECREE DATED 26.09.2019
PASSED IN O.S.NO.157/2012 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, HUBBALLI, DISMISSING
THE SUIT FILED FOR SPECIFIC PERFORMANCE OF
CONTRACT, VACANT POSSESSION, DECLARATION AND
DAMAGES.


     THIS APPEAL COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY,
DR. H. B. PRABHAKARA SASTRY, J., MADE THE
FOLLOWING:
                                             R.F.A.No.100002/2020
                               5


                            ORDER

Learned counsel for the appellant appearing physically

submits that inspite of his specific instructions to the party /

appellant, he has not come forward to pay deficit court-fee

and has not co-operated with him in complying the office

objections.

2. Inspite of granting several opportunities, since

the learned counsel for the appellant expresses his inability

to comply the office objections due to alleged non-co-

operation of the appellant and in view of the detailed

observation made on 09.02.2022, the appeal stands

dismissed for non-compliance of office objections.

3. In view of the disposal of the main appeal,

I.A.No.1/2020 does not survive for consideration.

Sd/-

JUDGE

Sd/-

JUDGE Naa