Smt Deepa W/O Diwakar Deshapande vs Shri Shridhar S/O Keshav Nadgouda
2023 Latest Caselaw 4559 Kant

                                                   -1-
                                                      NC: 2023:KHC-D:7348-DB
                                                           RFA No. 100666 of 2022




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                 DATED THIS THE 17TH 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. 100666 OF 2022


                      BETWEEN:

                      1.   SMT. DEEPA W/O. DIWAKAR DESHAPANDE,
                           AGE: 65 YEARS, OCC: HOUSEHOLD,
                           R/O: PLOT No.6, II STAGE HANUMAN NAGAR,
                           TQ AND DIST: BELAGAVI-590 001.
                      2.   SMT. SHARAYU W/O. SUNIL NAIK,
                           AGE: 62 YEARS, OCC: SERVICE AND AGRICULTURAL,
                           R/O: KADOLI, TQ AND DIST: BELAGAVI-590 001.
                                                                    ...APPELLANTS
                      (BY SRI.SHAFIAHAMAD B.SHAIK, ADVOCATE(ABSENT)).


                      AND:

                      1.   SHRI. SHRIDHAR S/O. KESHAV NADGOUDA,
                           AGE: 59 YEARS, OCC: AGRICULTURAL,
Digitally signed by        R/O: KADOLI, (OPP TO GRAM PANCHAYAT OFFICE),
MOHANKUMAR B
SHELAR                     KADOLI, TAL AND DIST: BELAGAVI-590 001.
Location: HIGH
COURT OF
KARNATAKA             2.   SMT. VARADA W/O. PRABHAKAR NAIK,
Date: 2023.07.19
16:05:47 +0530             AGE: 50 YEARS, OCC: AGRICULTURAL AND HOUSEHOLD,
                           R/O: VEDANGA RESIDENCY, G-3, IIIRD CROSS,
                           BHAGYA NAGAR, BELAGAVI-590 001.
                      3.   SMT.MANJURI W/O. MADHAN TOPANI,
                           AGE: 48 YEARS, OCC: HOUSEHOOLD AND
                           AGRICULTURAL, R/O: FULBAG GALLI, BELAGAVI-590 001.
                                                                     ...RESPONDENTS
                            THIS RFA IS FILED UNDER SECTION 96 CPC. AGAINST THE
                      JUDGMENT AND DECREE DATED 10.08.2022 PASSED IN O.S.NO.
                      351/2015 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND
                      CHIEF JUDICIAL MAGISTRATE AT BELAGAVI,DISMISSING THE SUIT
                      FILED FOR PARTITION AND SEPARATE POSSESSION.
                                   -2-
                                     NC: 2023:KHC-D:7348-DB
                                              RFA No. 100666 of 2022




    THIS RFA COMING ON FOR ORDERS THIS DAY, ASHOK S.
KINAGI J., DELIVERED THE FOLLOWING:

                             JUDGMENT

This appeal is filed on 09.11.2022. Office has raised

certain office objections. Three weeks time was granted to

comply with the office objections. In spite of granting

time, office objections were not complied with. The matter

was posted on 12.04.2023 and two weeks time was

granted to comply with the office objections. Again the

matter was posted on 24.05.2023. On that day, none

appears for the appellants and two weeks time was

granted to comply with the office objections. Thereafter,

the matter was listed on 14.06.2023. At the request of the

learned counsel for the appellants, finally, one week time

was granted to comply with the office objections, subject

to payment of cost of Rs.2,000/-.

2. Even today, none appears for the appellants.

The matter has been posted four times for compliance of

office objections. In spite of granting sufficient

opportunities, office objections were not complied with. It

NC: 2023:KHC-D:7348-DB RFA No. 100666 of 2022

seems that, appellants are not interested in prosecuting

the appeal.

3. Accordingly, the appeal is dismissed for non-

compliance of office objections.

Sd/-

JUDGE

Sd/-

JUDGE

MBS