M.P.Saibaba S/O Late M D Peera Sab vs H.Peerasab S/O Holagundi Moula ...
2022 Latest Caselaw 12837 Kant

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 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

       DATED THIS THE 04TH DAY OF NOVEMBER, 2022

                         BEFORE

         THE HON'BLE MS. JUSTICE JYOTI MULIMANI

  REGULAR SECOND APPEAL NO.100269 OF 2020 (SP)

BETWEEN:

M.P. SAIBABA
S/O LATE M.D.PEERA SAB
AGED ABOUT 40 YEARS,
OCC: AGRICULTURIST,
R/O: TEKALAKOTE VILLAGE-583122
SIRUGUPPA TALUK, BALLARI DISTRICT.
                                            ...APPELLANT
(BY SMT. PADAMAJA TADAPATRI, ADVOCATE FOR
 SRI K.L. PATIL, ADVOCATE)

AND:

1.     H.PEERASAB
       S/O HOLAGUNDI MOULA SAB
       AGED ABOUT: 60 YEARS,
       R/O: TEKKALAKOTE TOWN-583112,
       NOW RESIDING AT SUPRIYA
        AUTO ELECTRONICS,
       LANE AT ABDULLA DOOR,
       NEAR BENGALORE BAKERY,
       BALLARI-583101.
2.     FATHIMABEE
       W/O LATE ABDUL SAB (TEKKALAKOTA)
       AGED ABOUT: 63 YEARS,
       R/O: INDIRA NAGAR,
       KURUGODU (POST),
       TQ AND DIST: BALLARI-583116.
3.     RASUL BEE @ NANNEMMA
       W/O LATE CHOORI SODA MABUSAB
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     AGE: MAJOR (NOT KNOWN),
     R/O: NEAR MULLA MASZID,
     TEKKALAKOTE-583122,
     SIRUGUPPA TALUK, BALLARI DISTRICT.
4.   MOHAMMED HANIF
     S/O LATE SHASHAW VALL
     AGED ABOUT: 52 YEARS,
     R/O AT SUPRIYA AUTO ELECTRONICS,
     LANE AT ABDULLA DOOR,
     NEAR BENGALORE BAKERY,
     BALLARI-583101.
                                              ... RESPONDENTS

      THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, PRAYING TO SET ASIDE JUDGMENT AND DECREE
DATED 06.12.2019 PASSED IN R.A.NO.71/2015 BY THE SENIOR
CIVIL JUDGE, SIRUGUPPA AND SET ASIDE THE JUDGMENT AND
DECREE DATED 01.08.2015 IN O.S.NO.09/2009 PASSED BY THE
CIVIL JUDGE AND JMFC, SIRUGUPPA.

      THIS REGULAR SECOND APPEAL POSTED FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

Smt.Padmaja S.Tadapatri., learned counsel on behalf

of Sri.K.L.Patil., for appellant has appeared in person.

As could be seen from the daily order sheet, the

matter was listed on 14.10.2022. On that day, at request on

behalf of learned counsel for appellant, finally two weeks

time was granted to comply office objections, failing which it

was ordered to be listed for dismissal on 04.11.2022.

The appeal is listed today. So far office objections are

not complied with.

Counsel Smt.Padmaja S.Tadapatri., submits that short

accommodation may be granted to comply office objections.

In view of earlier peremptory order dated:14.10.2022,

the Regular Second appeal is dismissed for non-

compliance of office objections.

Sd/-

JUDGE

TKN