Karnataka High Court
Shobha @ Smita Gajanan Tigadikar vs Wamanrao Gangaram Tigadikar on 20 December, 2023
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2023:KHC-D:14891-DB
RFA No. 100048 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE H.P.SANDESH
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
REGULAR FIRST APPEAL NO. 100048 OF 2019 (PAR/POS)
BETWEEN:
1. SHOBHA @ SMITA GAJANAN TIGADIKAR
AGE: 49 YEARS, OCC: HOUSEWIFE,
R/O: SHIVAJI COLONY, TILAKWADI, BELGAUM-590001.
2. SHRI. BHARAT GAJANAN TIGADIKAR
AGE: 29 YEARS, OCC: HOUSEHOLD,
R/O: SHIVAJI COLONY, TILAKWADI, BELGAUM-590001.
3. MISS. BHAVIKA GAJANA TIGADIKAR
AGE: 28 YEARS, OCC: STUDENT,
R/O: SHIVAJI COLONY, TILAKWADI, BELGAUM-590001.
4. SRI. BHUSHAN GAJANAN TIGADIKAR
Digitally
signed by K M
SOMASHEKAR
AGE: 26 YEARS, OCC: STUDENT,
Location:
KM
HIGH COURT
OF
SOMASHEKAR KARNATAKA
R/O: SHIVAJI COLONY, TILAKWADI, BELGAUM-590001.
DHARWAD
BENCH
Date:
2023.12.21
11:59:37
...APPELLANTS
+0530
(BY SRI.PRASHANT F. GOUDAR, ADVOCATE)
AND:
1. WAMANRAO GANGARAM TIGADIKAR
AGE: 83 YEARS, OCC: GOLDSMITH BUSINESS,
R/O: 244/183 FULBAG GALLI, BELAGAVI-590001.
2. INDIRABAI WAMANRAO TIGADIKAR
AGE: 76 YEARS, OCC: HOUSEHOLD,
R/O: 144/183 FULBAG GALLI, BELAGAVI-590001.
3. SUNI WAMANRAO TIGADIKAR
AGE: 61 YEARS, OCC: GOLDSMITH BUSINESS,
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NC: 2023:KHC-D:14891-DB
RFA No. 100048 of 2019
R/O: 144/183 FULBAG GALLI, BELAGAVI-590001.
4. MANOJ WAMANRAO TIGADIKAR
AGE: 60 YEARS, OCC: GOLDSMITH BUSINESS,
R/O: 244/183 FULBAG GALLI, BELAGAVI-590001.
5. SMT. ALKA WAMANRAO TIGADIKAR
AGE: MAJOR (NOT KNOWN), OCC: HOUSEHOLD,
R/O: 244/183 FULBAG GALLI,
BELAGAVI-590001.
6. SMT. REKHA MOHAN KAREKAR
AGE: MAJOR (NOT KNOWN), OCC: HOUSEHOLD,
R/O: PARAAVARI, PANAJI, GOA-403001.
7. SMT. RANJAN SANJAY KAREKAR
AGE: MAJOR (NOT KNOWN),
OCC: HOUSEHOLD,
R/O: 9TH CROSS, RAJARAMPURI,
KOLHAPUR, MAHARASHTRA-416001.
8. SMT. SUKANTI RAJU BELVALKAR
AGE: MAJOR (NOT KNOWN), OCC: HOUSEHOLD,
R/O: GANAPTI PETH, GAVBHAG,
SANGALI, MAHARASHTRA-416416.
9. SMT. GULAB @ SNEHA SACHIN BELVALKAR
AGE: MAJOR (NOT KNOWN), OCC: HOUSEHOLD,
R/O: MADHAVPUR,
SANGALI, MAHARASHTRA-416416.
...RESPONDENTS
(BY SRI.RAVIRAJ C.PATIL, ADVOCATE FOR R3 AND R4;
R1 & R2 DECEASED, R3 TO R9 ARE LRs. OF DECEASED R1 & R2,
R5 TO R8 ARE SERVED, APPEAL AGAINST R9 DISMISSED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 03.11.2018 PASSED IN
O.S.NO.49/2011 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BELAGAVI,
PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE
POSSESSION.
THIS RFA COMING ON FOR ORDERS, THIS DAY,
H.P. SANDESH J., DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:14891-DB
RFA No. 100048 of 2019
JUDGMENT
The counsel for the appellants submits that the notice
was issued to the appellants and he has not yet received the
acknowledgment with an intention to retire from the case.
Similar submission was made on 22.09.2023 before this Court
that the appellants want to take back the brief from him and
accordingly two weeks' time was granted on the said date.
Once again similar submission is made before this Court.
2. This appeal is of the year 2019 and the matter was
admitted in 2019 itself. Even after lapse of four years, paper
book has not been filed. There is no ground to adjourn the
matter.
Hence, the appeal is dismissed for non-filing of the paper
book.
Sd/-
JUDGE
Sd/-
JUDGE
RSH / CT: VH
