Smt Sheela W/O Balasaheb Sirdesai vs Sri Sharaschandra S/O Balasaheb ...
2023 Latest Caselaw 9672 Kant

Karnataka High Court

Smt Sheela W/O Balasaheb Sirdesai vs Sri Sharaschandra S/O Balasaheb ... on 7 December, 2023

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                        -1-
                                                                NC: 2023:KHC-D:14325-DB
                                                                   RFA No.100607 of 2022




                             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                      DATED THIS THE 7TH 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.100607 OF 2022 (PAR/POS)


                            BETWEEN:


                            1.    SMT SHEELA
                                  W/O. BALASAHEB SIRDESAI
                                  AGE: 63 YEARS, OCCN: PENSIONER,
                                  R/O: H.NO.23, II CROSS,
                                  2ND KEEL LEFT, BEHIND TVS ROOM,
                                  PARVATI NAGAR, BALLARI-583103,
                                  DIST: BALLARI.
KM
SOMASHEKAR                  2.    SMT. YASHODA W/O. MANJUNATH
Digitally signed by K M
SOMASHEKAR
Location: HIGH COURT OF
                                  AGE: 34 YEARS, OCCN: PVT. SERVICE,
KARNATAKA DHARWAD
BENCH
Date: 2023.12.13 11:44:27
+0530                             R/O: AT AND POST: MUSUTR,
                                  TQ: DEVADURGA, DIST: RAICHUR-584126,
                                  AT PRESENT RESIDING AT
                                  CANADA, REPRESENTED BY HER
                                  SPECIAL POWER OF ATTORNEY HOLDER,
                                  SRI. SUGUNAGOUDA S/O. BHIMRAYA,
                                  AGE: 64 YEARS, OCC: AGRICULTURE,
                                  R/O: AT AND POST: MUSTUR,
                                  TQ: DEVADURG, DIST: RAICHUR-584126.
                                                                            ...APPELLANTS

                            (BY SRI.R.M. HIREMATH AND SRI.SRINIVAS NADAMANI
                                ADVOCATES)
                                -2-
                                       NC: 2023:KHC-D:14325-DB
                                          RFA No.100607 of 2022




AND:


1.   SRI. SHARASCHANDRA
     S/O: BALASAHEB SIRDESAI,
     AGE: 51 YEARS,
     OCCN: AGRICULTURE,
     R/O: 19TH CROSS, VIDYAGIRI,
     BAGALKOTE-587102,
     TQ. AND DIST: BAGALKOTE.

2.   SMT. VINDHYA
     W/O. SHARACHANDRA SIRDESAI,
     AGE: 48 YEARS,
     OCCN: HOUSEWIFE,
     R/O: 19TH CROSS, VIDHYAGIRI,
     BAGALKOTE-587102,
     TQ. AND DIST. BAGALKOTE.

3.   SMT. ARCHANA
     W/O. ANAND PATIL,
     AGE: 43 YEARS,
     OCCN: HOUSEWIFE,
     R/O: BRINDAVAN PALMS,
     NAGANATHPUR, HOSUR ROAD,
     BENGALUR-560100.
                                                   ...RESPONDENTS


        THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 12.04.2022 PASSED IN
O.S.NO.154/2019 ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL    JUDGE    AND   JUDICIAL     MAGISTRATE     FIRST   CLASS,
BAGALAKOTE,      PARTLY   DECREEING        THE   SUIT   FILED   FOR
PARTITION AND SEPARATE POSSESSION.


        THIS   RFA,   COMING   ON    FOR    ORDERS,     THIS    DAY,
SANDESH, J., DELIVERED THE FOLLOWING:
                                -3-
                                       NC: 2023:KHC-D:14325-DB
                                          RFA No.100607 of 2022




                             JUDGMENT

This appeal was listed on 11.08.2023 and this Court

granted a week's time to do the needful. On 15.09.2023, though

the appellants' counsel was absent, one week time was granted

for taking steps. This appeal was again listed on 27.11.2023. The

learned counsel was absent even on that day. However, this

Court granted one week time to do the needful and directed the

appeal to be listed on 07.12.2023.

Today, when the matter is called, time is sought on behalf

of appellants' counsel. In spite of this Court granting sufficient

time on several occasions to furnish correct address and to pay

fresh process fee for issuance of notice to respondents No.1 to 3,

till date steps are not taken. It appears that the appellant is not

diligent in pursuing the matter, and we find no ground to grant

further time. Hence, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE