Ningappa S/O Adiveppa Dhavaleshwar vs Ningappa S/O Balappa Mudalagi Alias ...
2023 Latest Caselaw 9874 Kant

Karnataka High Court

Ningappa S/O Adiveppa Dhavaleshwar vs Ningappa S/O Balappa Mudalagi Alias ... on 8 December, 2023

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                               NC: 2023:KHC-D:14424-DB
                                                      RFA No. 100143 of 2023




                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                           DATED THIS THE 8TH 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. 100143 OF 2023


                   BETWEEN:

                   NINGAPPA S/O. ADIVEPPA DHAVALESHWAR
                   AGE: 52 YEARS, OCC: AGRICULTURE,
                   R/O: DEVAPURHATTI TQ: RAIBAG,
                   DIST: BELAGAVI-591224.
                                                                  ...APPELLANT
                   (BY SRI. G.S. SAVADATTI, ADVOCATE)

                   AND:

                   1.    NINGAPPA
                         S/O. BALAPPA MUDALAGI @ ASANGI
                         AGE: 45 YEARS, OCC: AGRICULTURE,
                         R/O: DEVAPURHATTI TQ: RAIBAG,
YASHAVANT                DIST: BELAGAVI-591224.
NARAYANKAR

                   2.    APPAYYA S/O. BALAPPA MUDALAGI @ ASANGI
                         AGE: 53 YEARS, OCC: AGRICULTURE,
Digitally signed
by YASHAVANT
                         R/O: DEVAPURHATTI TQ: RAIBAG,
NARAYANKAR               DIST: BELAGAVI-591224.
Date:
2023.12.12
10:37:18 +0530
                   3.    HANAMANT S/O. BALAPPA MUDALAGI @ ASANGI
                         AGE: 52 YEARS, OCC: AGRICULTURE,
                         R/O: DEVAPURHATTI TQ: RAIBAG,
                         DIST: BELAGAVI-591224.

                   4.    ASHOK S/O. BALAPPA MUDALAGI @ ASANAGI
                         AGE: 50 YEARS, OCC: AGRICULTURE,
                         R/O: DEVAPURHATTI
                                 -2-
                                NC: 2023:KHC-D:14424-DB
                                        RFA No. 100143 of 2023




     TQ: RAIBAG, DIST: BELAGAVI-591224.
                                         ...RESPONDENTS
     THIS REGULAR FIRST APPEAL FILED UNDER ORDER 41
RULE 1 R/W. SECTION 96 OF CPC., PRAYING THAT, JUDGMENT
AND DECREE DATED 14.11.2022 PASSED IN O.S.NO.57/2020
ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, RAIBAG, AND ALLOWING THIS
APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
H.P.SANDESH,J., DELIVERED THE FOLLOWING:

                              ORDER

This Court vide order dated 24.11.2023 has observed that

though the matter was listed for fourth time for compliance of

office objections, the counsel for appellants has not complied

the office objections. However, to meet the ends of justice, this

Court again granted two weeks' time on cost of Rs.1,000/- and

made it clear that if office objections are not complied with

within two weeks, the matter will be dismissed. Inspite of

granting time, the appellant has not complied with the office

objections. Hence, the appeal stands dismissed for non-

compliance of office of office objections.

Sd/-

JUDGE

Sd/-

JUDGE