Alamsab S/O. Khadarasab Durgadi vs Smt.Rahamatabi W/O. Aslam ...
2022 Latest Caselaw 11748 Kant

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                                  RSA No. 100103 of 2019


IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

     DATED THIS THE 12TH DAY OF SEPTEMBER, 2022

                       BEFORE
       THE HON'BLE MR JUSTICE RAVI V.HOSMANI
     REGULAR SECOND APPEAL NO. 100103 OF 2019
                      (DEC/INJ)
BETWEEN:

ALAMSAB S/O KHADARASAB DURGADI
AGE:56 YEARS,
OCC:AGRICULTURE,
R/O. YALLAPUR NAKA,
HULLATTI PLOT,
HALIYAL, TQ:HALIYAL,
DIST:UTTARA KANNADA-581329.

                                            ...APPELLANT

(BY SRI. G.S.SAVADATTI AND B.F.PUJAR, ADVOCATES)

AND:

1.   SMT.RAHAMATABI W/O. ASLAM DURGADI
     AGE:49 YEARS, OCC:HOUSEHOLD,
     R/O. DESHPANDE NAGAR,
     BEHIND POLIC ESTATION,
     HALIYAL,
     DIST:UTTARA KANNADA-581329.

2.   ABDUL REHAMAN S/O. ASLAM DURGADI
     AGE:30 YEARS, OCC:BUSINESS,
     R/O. DESHPANDE NAGAR,
     BEHIND POLIC ESTATION,
     HALIYAL,
     DIST:UTTARA KANNADA-581329.
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                                   RSA No. 100103 of 2019


3.   INTIYAZ S/O. ASLAM DURGADI
     AGE:28 YEARS, OCC:BUSINESS,
     R/O. DESHPANDE NAGAR,
     BEHIND POLIC ESTATION,
     HALIYAL,
     DIST:UTTARA KANNADA-581329.

4.   RIYAZ S/O. ASLAM DURGADI
     AGE:26 YEARS, OCC:BUSINESS,
     R/O. DESHPANDE NAGAR,
     BEHIND POLIC ESTATION,
     HALIYAL,
     DIST:UTTARA KANNADA-581329.

5.   NOORAHAMAD S/O. KHADARSAB DURGADI
     AGE:44 YEARS, OCC:COOLIE,
     R/O. DESHPANDE NAGAR,
     BEHIND POLIC ESTATION,
     HALIYAL,
     DIST:UTTARA KANNADA-581329.

6.   ZAMIL S/O. KHADARSAB DURGADI
     (SINCE DECEASED BY HIS LRS)


     6A) TANVIR S/O. ZAMIL DURGADI,
     AGE:21 YEARS, OCC:COOLIE,
     R/O. YALLAPUR NAKA,
     HULLATTI PLOT,
     NEAR KANNADA PIRMARY SCHOOL,
     HALIYAL,
     DIST:UTTARA KANNADA-581329.

     6B) MAIKA D/O. ZAMIL DURGADI
     AGE:15 YEARS, OCC:STUDENT,
     R/O. YALLAPUR NAKA,
     HULLATTI PLOT,
     NEAR KANNADA PIRMARY SCHOOL,
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                                 RSA No. 100103 of 2019


     HALIYAL,
     DIST:UTTARA KANNADA-581329.
     (SINCE MINOR REPRESENTED BY MINOR GUARDIAN
     HER BROTHER RESP.NO 6)

7.   AKRAM S/O. KHADARSAB DURGADI
     AGE:48 YEARS, OCC:BUSINESS,
     R/O. YALLAPUR NAKA,
     HULLATTI PLOT,
     NEAR KANNADA PIRMARY SCHOOL,
     HALIYAL,
     DIST:UTTARA KANNADA-581329.

8.   SMT MEHARUNNISA W/O. KHADARSAB DURGADI
     AGE:74 YEARS, OCC:HOUSEHOLD,
     R/O. YALLAPUR NAKA,
     HULLATTI PLOT,
     NEAR KANNADA PIRMARY SCHOOL,
     HALIYAL, DIST:UTTARA KANNADA-581329.

9.   KHADARSAB S/O. HAMEEDSAB DURGADI
     R/O. YALLAPUR NAKA,
     HULLATTI PLOT,
     NEAR KANNADA PIRMARY SCHOOL,
     HALIYAL, TQ:HALIYAL.

                                        ...RESPONDENTS

      THIS RSA FILED U/SEC.100 OF C.P.C., AGAINST THE
JUDGEMENT AND DECREE DATED 30.07.2018 PASSED IN
R.A.NO.97/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE,
HALIYAL,   DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DTD 25.11.2016, PASSED IN O.S.
NO.136/2014 ON THE FILE OF THE CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, HALIYAL, DISMISSING THE SUIT
FILED FOR DECLARATION AND INJUNCTION.
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                                    RSA No. 100103 of 2019


      THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT MADE FOLLOWING:

                         ORDER

Though appeal was filed in the year 2019, office

objections were not complied even after granting sufficient

opportunity. On 23.08.2022, when matter was listed for

non-compliance of office objections for third time, finally

three weeks time was granted on payment of cost of

Rs.500/-.

When matter is listed today, it is seen that cost has

not been paid. This would indicate that appellant is not

interested in pursuing appeal. Appeal is dismissed for non-

prosecution.

SD JUDGE

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