Karnataka High Court
Mahadev S/O.Nemani Kanabarkar vs Renuka @ Yallu W/O Ganapat ... on 16 February, 2023
Bench: Dr. H.B.Prabhakara Sastry, C M Joshi
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RFA No. 4018 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF FEBRUARY, 2023
PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE C M JOSHI
REGULAR FIRST APPEAL NO. 4018 OF 2013 (PAR/POS-)
BETWEEN:
MAHADEV S/O.NEMANI KANABARKAR
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O.HONAGA-591 113,
TQ AND DIST: BELGAUM.
...APPELLANT
(BY SRI. AKSHAY KATTI, SRI. ABHISHEK PATIL &
SRI. ANAND ASHTEKAR, ADVOCATES - ABSENT)
AND:
1. SMT. RENUKA @ YALLU W/O GANAPAT TARALKAR
AGE: 38 YEARS, OCC: HOUSEHOLD,
R/O.NEAR II BUS STOP, GOKAK ROAD,
KANABARGI - 590 015,TALUKA: BELGAUM
YASHAVANT
HIGHCOURT
OF
NARAYANKAR KARNATAKA-
2. SMT. SULABHA @ KALPANA W/O.KALLAPPA LAD
DHARWAD
BENCH
AGE: 33 YEARS, OCC: HOUSEHOLD,
R/O.HONAGA-591 113,
TQ AND DIST: BELGAUM.
3. SHRI. GUNDU S/O.KHEMANNA KANABARKAR,
AGE: 65 YEARS, OCC:AGRICULTURE
R/O.HONAGA-591 113,
TQ AND DIST: BELGAUM.
4. SRI. MARUTI S/O KHEMANNA KANABARKAR
AGE: 63 YEARS, OCC:AGRICULTURE
R/O.HONAGA-591 113,
TQ AND DIST: BELGAUM.
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RFA No. 4018 of 2013
5. SRI. PUNDALIK YALLAPPA HUNDRE,
AGE: 58 YEARS,
OCC:AGRICULTURE AND SERVICE,
R/O.HONAGA-591 113
TQ AND DIST: BELGAUM.
6. SHRI. BHARAMA BHAIRU KANABARKAR
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O.HONAGA-591 113
TQ AND DIST: BELGAUM.
6A SMT. SUMAN W/O. BHARAMA KANABARKAR,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O.BALABHEEMAGALLI,
HONAGA-591 113
TQ AND DIST: BELGAUM.
6B SMT. SARITA W/O. BHAIRU KILLEKAR,
AGE: 34 YEARS, OCC: HOUSEHOLD,
R/O.SHETTY GALLI, BELGAUM-590 001
TQ AND DIST: BELGAUM.
6C NAGESH S/O. BHARAMA KANABARKAR,
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O.BALABHEEMAGALLI,
HONAGA-591 113
TQ AND DIST: BELGAUM.
SMT. ASHWINI W/O. SANJAY MANDALIK,
6D
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O.LAXMIGALLI, HINDALAGA-591 108
TQ AND DIST: BELGAUM.
SHRI. BHAIRU BHARAMA KANABARKAR,
6E
AGE: 27 YEARS, OCC: AGRICULTURE,
R/O.BALABHEEMAGALLI,
HONAGA-591 113
TQ AND DIST: BELGAUM.
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RFA No. 4018 of 2013
SOMANNA BHAIRU KANABARKAR
SINCE DECEASED BY HIS LRS.
SMT. LEELA W/O.SOMANNA KANABARKAR
7.
AGE:50 YEARS, OCC:HOUSEHOLD
R/O.HONAGA-591 113
TQ AND DIST: BELGAUM.
8. SHRI. JYOTIBA SOMANNA KANABARKAR
AGE:28 YEARS, OCC:HOUSEHOLD
R/O.HONAGA-591 113
TQ AND DIST: BELGAUM.
9. SRI. SAGAR SOMANNA KANABARKAR
AGE:25 YEARS, OCC:AGRICULTURE
R/O.HONAGA-591 113
TQ AND DIST: BELGAUM.
10. SMT. PRABHAVATI W/O ARUN AWADANE
AGE:21 YEARS, OCC:HOUSEHOLD
R/O.BODKENATTI (HANDIGNUR) 591 143,
TQ AND DIST: BELGAUM.
...RESPONDENTS
(BY SRI. ASHOK A NAIK, ADV., FOR R1 AND R2;
SRI. RAM P GHORPADE, ADV., FOR R6A TO R6D, R7 TO R10;
NOTICE TO R3, R4, R5 AND R6E SERVED)
THIS RFA IS FILED UNDER SEC. 96 R/W. ORDER XLI RULE 1
OF CPC 1908, PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE DTD:31.10.2012 PASSED IN O.S.NO.117/2009 ON THE
FILE OF THE II ADDL. SENIOR CIVIL JUDGE, BELGAUM BY
ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL COMING ON FOR HEARING ON IA,
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING
HEARING, THIS DAY, DR. H.B. PRABHAKARA SASTRY J.,
PASSED THE FOLLOWING:
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RFA No. 4018 of 2013
ORDER
Called again in the afternoon.
None appeared in this matter either physically or through
video conference.
A perusal of the order sheet would go to show that the
present appeal is of the year 2013. As such, it is one of the
oldest appeals pending before this Roster. The appeal has
arisen from the original suit of the year 2009. As such also, the
matter is 14 years old. In spite of the same, the appellant has
remained absent and is not evincing any interest in further
proceeding in the matter. As such, the appeal stands dismissed
for non-prosecution.
By virtue of the dismissal of the main appeal,
I.A.No.2/2013 does not survive for consideration.
Sd/-
JUDGE
Sd/-
JUDGE
