Smt.Asha.B. Kulkarni vs Sri.Prakash S/O. Narayan ...
2023 Latest Caselaw 1467 Kant

                                          -1-
                                                 RFA No. 100513 of 2018




                IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                      DATED THIS THE 21ST 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. 100513 OF 2018 (MON)



               BETWEEN:

               1.    SMT.ASHA.B. KULKARNI
                     PROPRIETRIX OF M/S.KALYANI PHARMACEUTICALS,
                     SINCE DECEASED BY LRS,


                     1) SRI. RAJENDRA S/O. BHANUDAS KULKARNI,
                     AGE:62 YEARS, OCC:BUSINESS,
                     R/O. 79/B, SOMAWAR PETH,
                     OPP:POORNANAND BHAVAN,
Digitally
signed by
                     TILAKWADI, BELAGAVI-590 006.
JAGADISH T R
Date:
2023.02.23                                                  ...APPELLANT
14:59:00
+0530

               (BY SRI. LAXMAN T MANTAGANI, ADVOCATE)

               AND:

               1.    SRI.PRAKASH S/O. NARAYAN NADAKARNI
                     AGE:71 YEARS,
                     OCC:NIL,
                     R/O. 290,AGARKAR ROAD,
                     TILAKWADI,
                     BELAGAVI-590006.
                               -2-
                                    RFA No. 100513 of 2018




2.   SRI SRIRISH S/O. PRAKASH NADAKARNI
     AGE:42 YEARS,
     OCC:BUSINESS,
     R/O. 290,AGARKAR ROAD,
     TILAKWADI,
     BELAGAVI-590006.

3.   SMT ASHA B KULKARNI
     SINCE DECEASED BY LRS.,


     3) MRS PREETI P GARGE,
     AGE:53 YEARS,
     OCC:HOUSEHOLD WORK,
     R/O. SHRIKRUPA,
     NEAR NAL STOP,
     KOTHRUD ERANDAWANA,
     PUNE-411004.

4.   MRS ARCHANA A INAMDAR
     AGE:50 YEARS,
     OCC:BUSINESS,
     R/O. 117, 1ST FLOOR,
     AKSHAYA BUILDING, I STAGE,

     R C NAGAR,
     BELAGAVI-590006.

                                           ...RESPONDENTS

(BY SRI. AJAY SUNALKAR, ADVOCATE FOR CAVEATORS/R1-R2;
NOTICE TO R-1 TO R4 - SERVED AND UN-REPRESENTED)

                          ***

     THIS RFA IS FILED UNDER SECTION 96 OF THE CODE OF
CIVIL PROCEDURE, 1908,     PRAYING TO SET ASIDE THE
JUDGMENT    AND    DECREE   IN O.S.NO.49/2014 DATED
17.09.2018 PASSED BY THE COURT OF THE III ADDITIONAL
                               -3-
                                        RFA No. 100513 of 2018




SENIOR CIVIL JUDGE AT BELAGAVI AND ALLOW THE REGULAR
FIRST APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

     THIS RFA COMING ON FOR FINAL HEARING THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING, THIS
DAY, DR. H.B. PRABHAKARA SASTRY J., PASSED THE
FOLLOWING:
                            ORDER

None appear in this matter. On the date

14-02-2023, the following observation was made by this

Court:

"At the request of learned counsel for the appellant, who submits that he has engaged the service of Senior Counsel in the appeal, as a final last opportunity, a short adjournment as prayed is granted.

List the matter on 21.02.2023.

It is made clear that no further adjournment would be granted in the matter."

2. In spite of the above, the learned counsel for the

appellant is neither present physically nor through video

conference nor even showing any reason for not

completing the paper book and proceeding further in the

RFA No. 100513 of 2018

matter by addressing his arguments, as such, the present

appeal is dismissed for non-prosecution and also for non-

filing of paper book.

Sd/-

JUDGE

Sd/-

JUDGE

BMV*