Karnataka High Court
Sri.Anil S/O Keshav Bacholkar vs Smt.Gopikabai W/O Krishna ... on 13 September, 2022
Bench: Ravi V.Hosmani
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RSA No. 100258 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE RAVI V.HOSMANI
REGULAR SECOND APPEAL NO.100258 OF 2018 (DEC/INJ)
BETWEEN:
1. SRI. ANIL S/O KESHAV BACHOLKAR,
AGE: 82 YEARS, OCC: PRIEST,
R/O TILAK ROAD,
HALIYAL, U.K - 581 329.
2. SRI. ATUL S/O KESHAV BACHOLKAR,
AGE: 65 YEARS,
OCC: AGRICULTURE,
R/O TILAK ROAD,
HALIYAL, U.K - 581 329.
...APPELLANTS
(BY SRI. BASANNA N PATTEKAR &
SRI. H.G. CHIKKARADDAR, ADVOCATES)
AND:
SMT. GOPIKABAI,
W/O KRISHNA BACHOLKAR,
DECEASED BY LR's APPELLANTS 1 & 2, R3 TO R6(C)
ALRADY ON RECORD
1. SRI. ANANT PADMANABHA,
S/O K. GOVINDA ACHARYA,
AGE: 69 YEARS, OCC: BUSINESS,
R/O TILAK ROAD,
HALIYAL, (U.K.) - 581 329.
2. SMT. NEELIMA,
W/O BALACHANDRA BACHOLKAR @ ALAVANI,
AGE: 79 YEARS, OCC: HOUSEHOLD,
R/O 3RD CROSS, PANDURANGAWADI,
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RSA No. 100258 of 2018
GOREGAON, EAST - BOMAY - 63.
3. SMT. SNEHALATA,
W/O RAGHUNATH NATEKAR,
AGE:73 YEARS, OCC: HOUSEHOLD,
R/O KOLHAPUR ROAD,
KHANU RATNAGIRI, MAHARASHTRA.
SMT. APARNA,
D/O KESHAV BACHOLKAR,
DECEASED BY HERS LRS.
4. SMT. AVAMTO,
W/O SHRIPAD JAVADEKAR,
AGE:62 YEARS, OCC: HOUSEHOLD,
R/O SARANATH PANAJEE GORIWALI GALLI,
EAST BOMBAY - 63.
SRI. ARUN,
S/O KESHAV BACHOLKAR,
DECEASED BY HIS LRS.
5. SMT. PRABHA,
W/O ARUN BACHOLKAR,
AGE: 78 YEARS, OCC: HOUSEHOLD,
R/O HOUSE NO.26, D MONTE STREET,
NEAR LUCKY HOTEL BANDRA,
WEST BOMBAY.
6. SRI. SHASHANT,
S/O ARUN BACHOLKAR,
AGE: 43 YEARS, OCC: SERVICE,
R/O HOUSE NO.26, D MONTE STREET,
NEAR LUCKY HOTEL BANDRA,
WEST BOMBAY.
7. SMT. SHILPA,
D/O ARUN BACHOLKAR,
AGE: 46 YEARS, OCC: SERVICE,
R/O HOUSE NO.26, D MONTE STREET,
NEAR LUCKY HOTEL BANDRA,
WEST BOMBAY.
8. SRI. ACHAL,
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RSA No. 100258 of 2018
S/O KESHAV BACHOLKAR,
AGE: 69 YEARS, OCC: SERVICE,
R/O SHOBAPURAM,
POONA, MAHARASHTRA.
SRI. AJIT,
S/O KESHAV BACHOLKAR,
DECEASED BY HIS LR's.
9. SMT. MOHINI,
W/O AJIT BACHOLKAR,
AGE: 65 YEARS, OCC: HOUSEHOLD,
R/O HOUSE NO.B/404,
NATH MADHAVAN BUILDING,
KANDIVALI, EAST BOMBAY.
10. SMT. SWAROOPA,
D/O AJIT BACHOLKAR,
AGE: 30 YEARS,
OCC. PRIVATE SERVICE,
R/O HOUSE NO.B/404,
NATH MADHAVAN BUILDING,
KANDIVALI, EAST BOMBAY.
11. SMT. SMITHA,
D/O AJIT BACHOLKAR,
AGE: 24 YEARS,
OCC. PRIVATE SERVICE
R/O HOUSE NO.B/404,
NATH MADHAVAN BUILDING,
KANDIVALI, EAST BOMBAY.
...RESPONDENTS
THIS RSA FILED U/S 100 OF CPC, AGAINT THE
JUDGMENT AND DECREE DATED 25.01.2018 PASSED IN
R.A.NO.10/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE,
HALILYAL, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 15.10.2014, PASSED IN
O.S.NO.30/1991 ON THE FILE OF THE CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, HALIYAL, DISMISSING
THE SUIT FILE FOR DECLARATION AND PERMANENT
INJUNCTION.
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RSA No. 100258 of 2018
THIS APPEAL COMING ON FOR ORDERS THIS DAY THE
COURT MADE THE FOLLOWING.
ORDER
Though appeal was filed in year 2018, office
objections were not complied even after granting sufficient
opportunity. On 24.08.2022, 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
VMB
