Shri.Laxman S/O Ramappa Alagundi vs Smt.Sushila W/O Laxman Alagundi
2023 Latest Caselaw 824 Kant

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                                                       RFA No. 100451 of 2019


                   IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                           DATED THIS THE 12TH DAY OF JANUARY, 2023

                                             PRESENT
                        THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                                               AND
                               THE HON'BLE MR JUSTICE C M JOSHI
                    REGULAR FIRST APPEAL NO. 100451/2019 (PAR/POS)
                   BETWEEN:

                   1.    SHRI.LAXMAN S/O RAMAPPA ALAGUNDI
                         AGE: 69 YEARS, OCC: RETD. GOVT. SERVANT,
                         R/O: PLOT NO.10, III MAIN, BOXITE ROAD,
                         BASAV COLONY, BELAGAVI.

                   2.    SHRI.IRANNA S/O LAXMAN ALAGUNDI
                         AGE: 37 YEARS, OCC: SERVICE,
                         R/O: PLOT NO.10, III MAIN, BOXITE ROAD,
                         BASAV COLONY, BELAGAVI.

                   3.    SHRI.SANJAY S/O LAXMAN ALAGUNDI
                         AGE: 28 YEARS, OCC: SERVICE,
                         R/O: PLOT NO.10, III MAIN, BOXITE ROAD,
                         BASAV COLONY, BELAGAVI.

                                                                   ...APPELLANTS
                   (BY SRI. PRASAD R SIDHANTI, ADVOCATE) (ABSENT)
                   AND:
Digitally signed
by JAGADISH T
R                  1.    SMT.SUSHILA W/O LAXMAN ALAGUNDI
Date:
2023.01.16
14:30:41 +0530
                         AGE: 68 YEARS, OCC: RETD. GOVT. SERVANT,
                         R/O: PLOT NO.10, III MAIN, BOXITE ROAD,
                         BASAV COLONY, BELAGAVI.

                   2.    SHRI.SHIVAKUMAR S/O LAXMAN ALAGUNDI
                         AGE: 28 YEARS, OCC: SERVICE,
                         R/O: PLOT NO.10, III MAIN, BOXITE ROAD,
                         BASAV COLONY, BELAGAVI.
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                                          RFA No. 100451 of 2019


3.   SHRI.VIJAYALAXMI W/O HARISH CHIGARE
     AGE: 32 YEARS, OCC: HOUSEWIFE,
     R/O: GENERAL HOSPITAL QUARTER,
     HUKKERI, TQ: HUKKERI, DIST: BELAGAVI.

                                                   ...RESPONDENTS
     THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DTD 18.02.2019 PASSED IN
O.S.NO.311/2017 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND CJM, BELAGAVI, DISMISSING THE SUIT
FILED FOR PARTITION AND SEPARATE POSSESSION.
     THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
DR. H.B. PRABHAKARA SASTRY J., PASSED THE
FOLLOWING:
                          ORDER

Learned counsel for the appellants is neither

physically nor through video conference present.

Inspite of granting sufficient and several

opportunities, the appellants have not complied with the

office objections. A perusal of the order sheet would go to

show that the office objections are trivial in nature like the

blank in date column to be filed in synopsis and affixing

of Advocate Welfare Stamp etc. Even to comply such

simple office objections, the matter is pending from the

date of its filing i.e. on 27.09.2019. Hence, the appeal

RFA No. 100451 of 2019

stands dismissed for non-compliance of office objections

as well as for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

JTR