Karnataka High Court
Smt.Vijayalaxmi W/O Gurunathsa Baddi vs Krishnasa S/O Konerasa Habib on 8 December, 2023
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2023:KHC-D:14417-DB
RFA No. 100257 of 2020
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. 100257 OF 2020 (PAR/POS)
BETWEEN:
1. SMT. VIJAYALAXMI W/O. GURUNATHSA BADDI,
AGE: 58 YEARS, OCC: HOUSEHOLD,
R/O: WALVEKAR PLOT, WAGHMODE CHAWL,
KUSUGAL ROAD, KESHWAPUR, HUBBALLI,
DIST: DHARWAD.
2. SMT.MANJULA W/O. HIRASA BADDI
AGE: 40 YEARS, OCC: HOUSEHOLD,
R/O: PLOT NO.93, KUSUGAL ROAD,
KESHWAPUR, HUBBALLI,
DIST: DHARWAD.
...APPELLANTS
YASHAVANT (BY SRI. K.L PATIL, ADVOCATE)
NARAYANKAR
AND:
Digitally signed
by YASHAVANT
NARAYANKAR 1. KRISHNASA S/O. KONERASA HABIB
Date:
2023.12.12 AGE: 84 YEARS, OCC: RETIRED,
10:36:57 +0530 R/O: PLOT NO.7, JAKALI PLOT,
HEMANT NAGAR,
KIESHWAPUR, HUBBALLI, DIST: DHARWAD.
2. SMT.YELLAMMA D/O. KRISHNASA HABIB
AGE: 66 YEARS, OCC: HOUSEHOLD,
R/O: PLOT NO.7, JAKALI PLOT,
HEMANT NAGAR, KIESHWAPUR, HUBBALLI,
DIST: DHARWAD.
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NC: 2023:KHC-D:14417-DB
RFA No. 100257 of 2020
3. PRAKASH S/O. KRISNASA HABIB
AGE: 64 YEARS, OCC: BUSINESS,
R/O: PLOT NO.41B, SUVIDHA COLONY,
KESHWAPUR, HUBBALLI, DIST: DHARWAD.
4. SMT.SULOCHANA D/O. KRISHNASA HABIB
AGE: 62 YEARS, OCC: HOUSEHOLD,
R/O: PLOT NO.7, JAKALI PLOT,
HEMANT NAGAR, KIESHWAPUR, HUBBALLI,
DIST: DHARWAD.
5. SMT.RANJANA D/O. KRISHNASA HABIB
AGE: 60 YEARS, OCC: HOUSEHOLD,
R/O: PLOT NO.7, JAKALI PLOT,
HEMANT NAGAR, KIESHWAPUR, HUBBALLI,
DIST: DHARWAD.
6. KONERASA S/O. KRISHNASA HABIB
AGE: 46 YEARS, OCC: BUSINESS,
R/O: PLOT NO.7, JAKALI PLOT,
HEMANT NAGAR,
KIESHWAPUR, HUBBALLI, DIST: DHARWAD.
7. DEEPAK S/O. KRISHNASA HABIB
AGE: 44 YEARS, OCC: BUSINESS,
R/O: PLOT NO.7, JAKALI PLOT,
HEMANT NAGAR, KIESHWAPUR, HUBBALLI,
DIST: DHARWAD.
8. SMT.DEEPA W/O. LATE SHANKAR HABIB
AGE: 34 YEARS, OCC: HOUSEHOLD,
R/O: GAMANAGATTI, TQ: HUBBALLI,
DIST: DHARWAD.
9. KUMARI KOMAL D/O. LATE SHANKAR HABIB
AGE: 8 YEARS,
SINCE MINOR, REPRESENTED BY
NATURAL GUARDIAN MOTHER
RESPONDENT NO.8, DIST: DHARWAD.
10. SANJAY S/O. NARAYANSA BASAVA
AGE: 41 YEARS, OCC: BUSINESS,
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NC: 2023:KHC-D:14417-DB
RFA No. 100257 of 2020
R/O: VITOBA NAGAR, GOLDEN TOWN,
HOSUR, HUBBALLI, DIST: DHARWAD.
11. TULSIDAS S/O. NARAYANSA BASAVA
AGE: 40 YEARS, OCC: BUSINESS,
R/O: VITOBA NAGAR, GOLDEN TOWN,
HOSUR, HUBBALLI, DIST: DHARWAD.
12. RAGHAVENDRA S/O. NARAYANSA BASAVA
AGE: 39 YEARS, OCC: BUSINESS,
R/O: VITOBA NAGAR, GOLDEN TOWN,
HOSUR, HUBBALLI, DIST: DHARWAD.
13. AMRUT S/O. NARAYANSA BASAVA
AGE: 37 YEARS, OCC: BUSINESS,
R/O: VITOBA NAGAR, GOLDEN TOWN,
HOSUR, HUBBALLI, DIST: DHARWAD.
14. DHONDUSA S/O. NARAYANSA BASAVA
AGE: 60 YEARS, OCC: BUSINESS,
R/O: ARVIND NAGAR, OLD-HUBBALLI,
DIST: DHARWAD.
...RESPONDENTS
(BY SRI. RAMAKRISHNA G. DHONGADI, ADVOCATE FOR R3,
R7, R8, AND R9;
NOTICE SERVED TO R1, R2, R4, R6, R11, R13;
R5 ABATED;
R10 AND R12 HELD SUFFICIENT)
THIS REGULAR FIRST APPEAL FILED UNDER SEC. 96 OF
CPC., 1908, PRAYING TO SET ASIDE THE THE JUDGMENT AND
DECREE DATED 30.01.2020 PASSED IN O.S.NO.269/2016 ON
THE FILE OF THE IST ADDITIONAL SENIOR CIVIL JUDGE,
HUBBALLI, AND CONSEQUENTLY DECREE THE SUIT IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDER, THIS DAY,
H.P.SANDESH, J., DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:14417-DB
RFA No. 100257 of 2020
ORDER
Appellants' counsel is absent.
Inspite of sufficient opportunities given to the
appellants' counsel, no steps are taken in respect of un-
served respondents and also no paper book is filed. This
Court vide order dated 24.11.2023 made it clear that if
steps are not taken and if paper book is not filed within
two weeks, the appeal will be dismissed. Inspite of it, the
appellants' counsel is not pursuing the matter diligently
and hence, the appeal stands dismissed for non-
prosecution.
Sd/-
JUDGE
Sd/-
JUDGE
YAN
