Shri Annappa S/O Topanna ... vs Adinath S/O Nanappa Alias ...
2023 Latest Caselaw 3956 Kant

                                                       -1-
                                                         NC: 2023:KHC-D:6655-DB
                                                               RFA No. 100604 of 2022




                                  IN THE HIGH COURT OF KARNATAKA, DHARWAD
                                                     BENCH

                                     DATED THIS THE 4TH DAY OF JULY, 2023

                                                    PRESENT
                                   THE HON'BLE MR JUSTICE ASHOK S. KINAGI
                                                      AND
                                  THE HON'BLE MR JUSTICE VENKATESH NAIK T
                             REGULAR FIRST APPEAL NO. 100604 OF 2022 (PAR/POS)

                             BETWEEN:

                             1.   SRI. ANNAPPA S/O. TOPANNA GARAGATTI
                                  SINCE DEAD REPRESENTED BY HIS LRS
                                  SMT. KUSUMA W/O. ANNAPPA GARAGATTI,
                                  AGE: 69 YEARS, OCC: HOUSEHOLD WORK,
                                  R/O: BEHIND POST OFFICE, TERADAL, TALUK:
                                  RABAKAVI-BANAHATTI, DIST: BAGALKOT-587101.

                             2.   SMT. SAMITA W/O. BAHUBALLI GONGADE,
GIRIJA A                          AGE: 43 YEARS, OCC: HOUSEHOLD WORK,
BYAHATTI                          R/O: DURADUNDI, TALUK: GOKAK,
Digitally signed by GIRIJA
A BYAHATTI
                                  DIST: BELAGAVI-591307.
Location: HIGHCOURT
OF KARNATAKA-
DHARWAD BENCH
Date: 2023.07.06
14:53:24 +0530               3.   SHRI. SHANTU S/O. ANNAPPA GARAGATTI
                                  AGE: 38 YEARS, OCC: AGRICULTURE,
                                  R/O: BEHIND POST OFFICE, TERADAL, TALUK:
                                  RABAKAVI-BANAHATTI, DIST. BAGALKOT-587101

                             4.  MAHAVEER S/O. ANNAPPA GARAGATTI,
                                 AGE: 47 YEARS, OCC: AGRICULTURE,
                                 R/O: TERADAL, TALUK: RABAKAVI-BANAHATTI,
                                 DIST. BAGALKOT-587101.
                                                                      ...APPELLANTS
                             (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)
                            -2-
                                 NC: 2023:KHC-D:6655-DB
                                     RFA No. 100604 of 2022




AND:

1.   ADINATH
     S/O. NANAPPA ALIAS NANASAHEB GARAGATTI,
     AGE: 32 YEARS, OCC: AGRICULTURE,
     R/O: CHADACHAN, TALUK: INDI,
     DIST: VIJAYAPUR, PIN: 586205.

2.   RAVINDRA S/O. BASALINGAPPA KAREPPANAVAR
     AGE: 52 YEARS, OCC: AGRICULTURE,
     R/O: SHEGUNASHI, TALUK: ATHANI,
     DIST: BELAGAVI, NOW AT R/O. TERDAL,
     TQ: JAMAKHANDI, DIST: BAGALKOT-591301.

3.   SHRIMANTH S/O. TOPANNA GARAGATTI
     AGE: 61 YEARS, OCC: AGRICULTURE,
     R/O: TERADAL, TALUK: RABAKAVI-BANAHATTI,
     DIST: BAGALKOT, PIN: 587315.

4.   GANGARAM S/O. TOPANNA GARAGATTI,
     AGE: 64 YEARS, OCC: AGRICULTURE,
     R/O: TERADAL, TALUK: RABAKAVI-BANAHATTI,
     DIST: BAGALKOT, PIN: 587315.
                                        ...RESPONDENTS

                           ---

       THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 30.06.2018
PASSED IN O.S. NO.49/2016 ON THE FILE OF THE SENIOR
CIVIL JUDGE    AND JUDICIAL MAGISTRATE FIRST CLASS,
BANAHATTI,    PARTLY   DECREEING    THE   SUIT   FILED   FOR
PARTITION AND SEPARATE POSSESSION.


       THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
ASHOK S. KINAGI J., MADE THE FOLLOWING:
                                -3-
                                    NC: 2023:KHC-D:6655-DB
                                        RFA No. 100604 of 2022




                            ORDER

This appeal was filed on 17.10.2022 and office has

raised objections. Appellants did not comply with the

office objections. The matter was listed before the Court

on 08.02.2023 and a week's time was granted to comply

with the office objections. Matter was listed on

20.02.2023 and finally a week's time was granted to

comply with the office objections. Matter was listed on

07.03.2023 and two weeks' time was granted to comply

with the office objections. Matter was listed on

29.03.2023 and finally two weeks' time was granted to

comply with the office objections. Again the matter was

listed on 19.04.2023 and 21.06.2023. In spite of granting

sufficient opportunity, appellants did not comply with the

office objections.

As the matter is of the year 2022 and today the

matter is listed for 7th time for non-compliance of office

NC: 2023:KHC-D:6655-DB RFA No. 100604 of 2022

objections, it seems that the appellants are not interested

in prosecuting the appeal.

Accordingly, the appeal is dismissed for non

compliance of office objections.

Sd/-

JUDGE

Sd/-

JUDGE

gab/ct-abn