Smt Tarabai W/O Vishnu Thorabole vs Bebitai Shivaji Kashid
2022 Latest Caselaw 3439 Kant

  IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

      DATED THIS THE 28 T H DAY OF FEBRUARY, 2022

                         BEFORE

        THE HON'BLE MR.JUSTICE RAVI V.HOSMANI

             R.S.A. NO.5348/2010 (DEC/INJ)

BETWEEN

1 .   SMT TARABAI W/O VISHNU THORABOLE
      AGE:74 YRS, R/O BHOJ,
      TQ:CHIKODI , DIST :BELGAUM.

2 .   SRI.KUMAR S/O VI SHNU THORABOLE
      AGE:46 YRS,OCC:HOUSEHOLD,
      R/O BHOJ, T Q:CHI KODI,
      DIST:BELGAUM .

3 .   SRI.SURESH S/O VISHNU THORABOLE,
      AGE:41 YRS,OCC:HOUSEHOLD,
      R/O MANGUR, TQ:CHIKODI,
      DIST:BELGAUM .

4 .   SMT.SHASHIKALA TANAJI DHENAKANE
      AGE:54 YRS,OCC:HOUSEHOLD,
      R/O MANGUR, TQ:CHIKODI,
      DIST:BELGAUM .

5 .   SOU.MALU S/O BHAIRU KHAMBE
      AGE:51 YRS,OCC:HOUSEHOLD,
      R/O KARADAGA, TQ:CHIKODI ,
      DIST:BELGAUM .
                                             ...APPELLANTS
(BY SRI.SHIVARAJ S BALLOLI, ADV.)

AND

1 .   BEBITAI SHIVAJI KASHID
      AGE:51 YRS, OCC:AGRICULTURE,
      R/O KOGANALI , T Q:CHIKODI ,
      DIST:BELGAUM .
                                 2




2 .   PARWATI MARUTI HANCHINALE
      AGE:60YRS, OCC:AGRICULTURE,
      R/O BHOJ, T Q:CHI KODI,
      DIST:BELGAUM .
                                               ....RESPONDENTS

(BY SRI.G I GACHCHINMATH, ADV. FOR R1;
 R2-ABATED)

     THIS RSA FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT    &   DECREE   DTD:14-10-2009     PASSED    IN
R.A.NO.55/2005 ON THE FILE OF THE FAST TRACK COURT-I ,
CHIKODI, DISMISSING THE APPEAL, FILED AGAINST THE
JUDGMENT DTD:11-03-2005 AND THE DECREE PASSED IN
O.S.NO.215/2001 ON THE FILE OF THE PRL. CIVI L JUDGE (JR.
DN.) & JMFC, CHIKODI, DECREED THE SUIT FILED FOR
DECLARATION AND ALSO PERMANENT INJUNCTION.

      THIS RSA COMING ON FOR ORDERS THIS DAY, T HE
COURT , DELIVERED THE FOLLOWING:


                          JUDGMENT

The matter is listed for orders regarding non-filing of

paper books. The cause-list reflects that the appeal is

abated as against respondent No.2.

2. Learned counsel for the appellants submits that

despite his efforts, he is unable to secure instructions

from the appellants to do needful.

3. In view of the above, it appears that the appellants

are not interested in pursuing the appeal. Hence, appeal

is dismissed for non-prosecution.

Sd/-

JUDGE

KGK