Ramilabai And Ors vs Babu And Ors
2022 Latest Caselaw 3937 Kant

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        IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

     DATED THIS THE 08TH DAY OF MARCH, 2022

                      BEFORE

     THE HON'BLE MR.JUSTICE ASHOK S. KINAGI


           RFA No.200035/2021 (PAR/POSS)

Between:

1.   RAMILABAI W/O MARUTI ALAKUNTE
     AGED ABOUT 59 YEARS,
     OCCUPATION. HOUSEHOLD WORK
     R/AT JADAR GALLI, GOLGUMBAZ ROAD,
     VIJAYAPUR.

2.   SRI. ASHOK S/O MARUTI ALAKUNTE
     AGED ABOUT 36 YEARS,
     OCCUPATION. COOLIE WORK
     R/AT JADAR GALLI, GOLGUMBAZ ROAD,
     VIJAYAPUR.

3.   RAMESH S/O MARUTI ALAKUNTE,
     AGED ABOUT 44 YEARS,
     OCCUPATION. COOLIE WORK
     R/AT JADAR GALLI, GOLGUMBAZ ROAD,
     VIJAYAPUR.

4.   DATTU S/O MARUTHI ALAKUNTE
     AGED ABOUT 32 YEARS,
     OCCUPATION COOLIE WORK,
     R/AT JADAR GALLI, GOLGUMBAZ ROAD,
     VIJAYAPUR.
                                         ...APPELLANTS

(BY SRI.MANJUNATH MALLAYYA SHETTY, ADVOCATE)
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AND

1.    BABU S/O YALLAPPA ALAKUNTE
      AGED ABOUT 48 YEARS,
      OCC. CONTRACTOR.
      R/AT JADAR GALLI, GOLGUMBAZ ROAD,
      VIJAYAPUR.

2.    KRISHNA S/O YALLAPPA ALAKUNTE,
      AGED ABOUT 44 YEARS,
      OCC. COOLIE WORK,
      R/AT JADAR GALLI, GOLGUMBAZ ROAD,
      VIJAYAPUR.

3.    KUMAR S/O YALLAPPA ALAKUNTE,
      AGED ABOUT 39 YEARS,
      OCC. COOLIE WORK,
      R/AT JADAR GALLI, GOLGUMBAZ ROAD,
      VIJAYAPUR.

4.    NAGANATH S/O TUKARAM PAWAR
      AGED ABOUT 50 YEARS,
      OCCUPATION. COOLIE WORK,
      R/AT NEAR SCHOOL, STATION ROAD,
      KUDAGI TQ. B. BAGEWADI.

5.    AMBUBAI W/O TUKARAM PAWAR
      AGED ABOUT 54 YEARS,
      OCCUPATION. HOUSE HOLD WORK
      R/AT SHIVAJI NAGAR, DEEP BANGLA CHOWK,
      WADDARWADI PUNE, MAHARASTRA.
                                       .....RESPONDENTS

       This Regular First Appeal is filed under Section 96 of
the CPC       Act, praying to call for           records in
O.S.No.251/2016 on the file of IV Addl. Senior Civil Judge
at Vijayapura (Bijapura), to set aside the judgment and
decree dated 20.08.2020 passed in O.S.No.251/2016 on
the file of IV Addl. Senior Civil Judge at Vijayapura and
remand the suit to trial Court with opportunity lead the
evidence by appellants and etc.
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      This appeal coming on for Orders, this day, the Court
delivered the following:-


                      JUDGMENT

This appeal was filed on 23.09.2020. The matter

was posted before the Court on 10.08.2021. At the

request of learned counsel for the appellants, two

weeks time was granted to comply with the office

objections. Matter listed on 26.08.2021, none appears

for the appellants. As finally, two weeks time was

granted to comply with the office objections. Matter

listed on 27.10.2021, one week time was granted to

comply with the office objections, subject to cost of

Rs.200/- payable by the appellant to the Advocate's

Library Fund, High Court of Karnataka, Kalaburagi

Bench. Again matter was listed on 09.12.2021.

2. Though this Court has adjourned the

matter on 27.10.2021, subject to cost of Rs.200/-, the

learned counsel for the appellants did not complied

the office objections and also not deposited the cost

as ordered on 27.10.2021. It was made clear on

09.12.2021, if the office objections are not complied

within one week, failing which the matter shall be

listed for dismissal. Even today learned counsel for the

appellants seeks time. The appellant have not

deposited the cost as ordered on 27.10.2021.

3. This appeal is of the year 2020 and inspite

of granting sufficient opportunities, learned counsel

for the appellants did not complied the office

objections. If further time is extended, no purpose

would be served.

In view of the peremptory order, the appeal is

dismissed for non-compliance of office objections.

Sd/-

JUDGE

msr