Shahajirao S/O Sakharam Patil vs Shamsunder S/O Sharanayya Diggaon And ...
2023 Latest Caselaw 10912 Kant

Karnataka High Court

Shahajirao S/O Sakharam Patil vs Shamsunder S/O Sharanayya Diggaon And ... on 18 December, 2023

                                            -1-
                                                   NC: 2023:KHC-K:9259
                                                    RSA No. 200373 of 2022




                              IN THE HIGH COURT OF KARNATAKA
                                     KALABURAGI BENCH

                        DATED THIS THE 18TH DAY OF DECEMBER, 2023

                                          BEFORE

                             THE HON'BLE MRS JUSTICE M G UMA

                    REGULAR SECOND APPEAL NO.200373 OF 2022 (DEC/POS)

                   BETWEEN:

                   SHAHAJIRAO S/O SAKHARAM PATIL
                   AGE: 69 YEARS,
                   OCC: TRADE AND AGRICULTURE,
                   R/O: H.NO.8-1295/11,
                   SITUATED AT NEHRU GUNJ,
                   KALABURAGI,
                   DIST. KALABURAGI-585101.
                                                              ...APPELLANT
                   (BY SRI CHAITANYAKUMAR C.M., ADVOCATE)

                   AND:

                   1.   SHAMSUNDER
                        S/O SHARANAYYA DIGGAON
Digitally signed        AGE: 69 YEARS,
by SWETA
KULKARNI                OCC: RETD. GOVT. SERVANT,
Location: HIGH          R/O: H.NO. 1-892/72/P/9,
COURT OF
KARNATAKA               GANESH NAGAR,
                        NEW GULBARGA TO JEWARGI ROAD,
                        KALABURAGI-585102.

                   2.   DROPADI W/O CHANDRAKANT UDNOOR
                        AGE ABOUT 66 YEARS,
                        OCC: HOUSEHOLD,
                        R/O: GANESH NAGAR,
                        NEW GULBARGA TO JEWARGI ROAD,
                        KALABURAGI-585102.
                                                            ...RESPONDENTS
                                        -2-
                                              NC: 2023:KHC-K:9259
                                               RSA No. 200373 of 2022




     THIS RSA IS FILED U/S 100 OF CPC, PRAYING TO ALLOW
THE APPEAL AND SET ASIDE JUDGMENT AND DECREE DATED:
26.02.2021 PASSED BY THE LEARNED I ADDL. DISTRICT AND
SESSIONS JUDGE AT KALABURAGI IN R.A.NO.96/2017 AND
CONFIRM JUDGMENT AND DECREE DATED: 15.07.2017
PASSED BY THE LEARNED III ADDL. SENIOR CIVIL JUDGE AT
KALABURAGI IN O.S.NO.74/2013 CONSEQUENTLY BE TO
ALLOW THE SUIT FILED BY THE PLAINTIFF, IN THE INTEREST
OF JUSTICE AND EQUITY.

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

                               JUDGMENT

Counsel for the appellant prays for time. The order sheet

dated 23.11.2023 reads as under:

"Learned counsel for the appellant prays for a week's time to comply with the office objections.

The appeal is of the year 2022. The matter is listed for the fourth time for compliance. I do not find any reason to adjourn the matter. However, to afford final opportunity, one week time is granted for compliance."

Inspite of that there is non-compliance of office

objections. I do not find any reason to adjourn the matter.

The appellant is not interested to prosecute the appeal. Hence,

the appeal is dismissed for default i.e., for non-prosecution.

Sd/-

JUDGE SWK CT-VD