Karnataka High Court
Sanjay S/O Dharmaraj Upadhye vs Ashok S/O Dharmaraj Upadhye on 15 June, 2023
Bench: M.G.Umaj
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RFA No.100089 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MRS. JUSTICE M.G.UMA
REGULAR FIRST APPEAL NO.100089 OF 2018 (PAR/POS)
BETWEEN:
1. SANJAY S/O. DHARMARAJ UPADHYE,
AGED ABOUT 52 YEARS, OCC: LIC AGENT,
R/O. H.NO.698, GANAPAT GALLI, MACHE,
TALUK AND DISTRICT BELAGAVI 590 001.
2. SHRI SHRIDHAR @ SHRIMANDHAR,
S/O. DHARMARAJ UPADHYE,
AGED ABOUT 46 YEARS,
OCC: PRIVATE SERVICE,
R/O.H.NO.698, GANAPAT GALLI, MACHE,
TALUK AND DISTRICT BELAGAVI 590 001.
3. SHRI CHNDRAHAS
S/O. DHARMARAJ UPADHYE,
AGED ABOUT 42 YEARS,
OCC: PRIVATE SERVICE,
R/O: H.NO.698, GANAPAT GALLI, MACHE,
Digitally TALUK AND DISTRICT BELAGAVI 590 001.
signed by
VINAYAKA ...APPELLANTS
BV (BY SRI M. B HIREMATH, ADVOCATE)
AND:
1. ASHOK
S/O. DHARMARAJ UPADHYE,
AGED ABOUT 65 YEARS, OCC: BUSINESS,
R/O: 366, PATIL GALLI, ANGOL,
BELAGAVI - 590 001.
2. SMT. INDUMATI
W/O. DEVENDRA UPADHYE,
AGED ABOUT 62 YEARS, OCC: TEACHER,
R/O: "SHRINIKETAN", PLOT NO.10/20,
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RFA No.100089 of 2018
SRI RAGHAVENDRA HOUSING SOCIETY,
2ND STAGE, R.C.NAGAR,
BELAGAVI 590 001.
3. SMT. SUDHA
W/O. ANIL UPADHYE,
AGED ABOUT 55 YEARS,
OCC: HOUSEHOLD WORK,
R/O.H.NO.760, SWAMI NAGAR, MACHE,
TAL and DIST BELAGAVI - 590 001.
4. SMT. SUJATA
W/O. VINAYAKUMAR UPADHYE,
AGED ABOUT 49 YEARS,
OCC: HOUSEHOLD WORK,
R.O. H.NO.5995, SRI VIRBHADRESHWAR
NILAYA BEHIND "SHRI PLUMBER",
R.C.ROAD, HASSAN,
DISTRICT HASSAN - 573 201.
5. SMT. ANANTMATI
W/O. DHARMARAJ UPADHYE,
AGED ABOUT 83 YEARS, OCC: NIL,
R/O.H.NO.698 GANAPAT GALLI, MACHE,
TAL AND DIST BELAGAVI 590 001.
6. THE MANAGER , SYNDICATE BANK,
CAMP BELAGAVI - 590 001.
7. THE MANAGER, CANARA BANK,
"NOORANI BUILDING" STATION ROAD,
BELAGAVI 590 001.
8. THE MANAGER, CANARA BANK,
KHANAPUR ROAD, NEAR 3RD RLY GATE,
BELAGAVI 590 001.
9. THE MANAGER,
KARNATAKA VIKAS GRAMEEN BANK,
PEERANWADI, BELAGAVI 590 001.
10. THE MANAGER,
STATE BANK OF INDIA,
MAIN BRANCH, NEAR RLY STATION,
BELAGAVI 590 001.
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RFA No.100089 of 2018
11. THE MANAGER,
CORPORATION BANK,
SAMADEVI GALLI,
BELAGAVI 590 001.
12. THE MANAGER,
BANK OF BARODA,
MARUTI GALLI BRANCH
BELAGAVI - 590 001.
13. THE MANAGER,
THE MAHAVEER CO-OP BANK LTD.,
RENUKA TOWERS, ANANTHSEN GALLI
BELAGAVI - 590 001.
14. THE MANAGER,
THE BELAGAVI PIONEER URBAN CO-OP,
BANK LTD., KALMATH ROAD,
BELAGAVI - 590 001.
15. THE MANAGER,
LIC OF INDIA CITY BRANCH NO.II
KIRLOSKAR ROAD,
BELAGAVI 590 001.
16. THE MANAGER
TRIKAL LEASING AND FINANCE LTD.,
DHARWAD, DIST DHARWAD
...RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 R/W XLI RULE OF THE
CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE
DATED 27.01.2018 PASSED IN O.S.NO.2/2010 ON THE FILE OF THE I
ADDITIONAL SENIRO CIVIL JUDGE AND CHIEF JUDICIAL AGISTRATE,
BELAGAVI, DECREEING THE SUIT FILED FOR PARTITION AND
SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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RFA No.100089 of 2018
ORDER
Learned counsel for the appellants submits that the
parties have already taken back the file about three years
back and he has no instructions on their behalf.
2. The appeal is of the year 2018. Office
objections have not been complied with even after listing
the matter for the same for fifth time. I do not find any
reason to adjourn the matter.
3. Hence, the appeal is dismissed for default i.e.,
for non-prosecution.
SD/-
JUDGE
EM
