Sham Prasad vs Smt.Lalitabai And Ors
2023 Latest Caselaw 460 Kant

         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

       DATED THIS THE 6TH DAY OF JANUARY, 2023

                       PRESENT

 THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
                          AND
THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA

     REGULAR FIRST APPEAL NO.200145/2018 (PAR/POS)


BETWEEN:
Sham Prasad S/o. Late Inda Prasad Dubey,
Age: 67 years, Occ: Agriculture & Business,
R/o. Near Balaji Temple Town Humnabad,
Tq: Humnabad,
Dist: Bidar.
                                              ... Appellant

(By Smt. Ratna N. Shivayogimath, Adv. (absent))

AND:

1.     Smt. Laitabai
       W/o. Late Suraj Prasad Dubey,
       Age 63 years, Occ: Household,
       R/o Near Balaji Temple Town Humnabad,
       Tq: Humnabad,
       Dist: Bidar,
                                         RFA No.200145/2018
                            2




     Now at Village Doki,
     Tq: & Dist: Osmanabad,
     (Maharastra State)-413501.

2.   Smt. Vijaya Bai W/o. Sukulal Tiwari,
     Age: 68 years, Occ: Household,
     R/o. Post Sakol, Tq: Shirur, Anantpal,
     Dist: Latur,
     (Maharastra State)-413514.

3.   Manik Prasad S/o Late Inda Prasad Dubey,
     Age: 51 years, Occ: Agriculture & Business,
     R/o Near Balaji Temple,
     Town Humnabad, Tq. Humnabad,
     Dist: Bidar-585330.

4.   Smt. Anjali W/o Satish Tiwari,
     Age: 48 years, Occ: Household,
     R/o Rajput Galli Near Samarth
     Mandir, Doki Village,
     Tq: & Dist: Osmanabad,
     (Maharastra State)-413501.
                                           ... Respondents

(By Sri Ananth S. Jahagirdar, Adv., for R1;
R2 and R4 served;
Notice to R3 is held sufficient v/o dated
17.06.2022)

      This Regular Fist Appeal is filed under Section 96 of
Code of Civil Procedure, praying to allow the appeal by
setting aside the judgment and decree dated 31.07.2018
passed in O.S.No.58/2015 by the Senior Civil Judge &
                                           RFA No.200145/2018
                              3




JMFC Humnabad and consequently be pleased to dismiss
the suit filed by the plaintiffs, in the interest of justice.

      This appeal coming on for Orders, through physical
hearing /video conference, this day SREENIVAS HARISH
KUMAR, J., delivered the following:

                        JUDGMENT

Appellant's counsel is absent.

Respondents' counsel is present.

Order dated 11.08.2022 shows that appellant's

counsel was given 2 weeks' time finally to file paper-

books. In spite of that, paper-books have not been filed.

Therefore, appeal is dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

SBS*