Karnataka High Court
Kalpana W/O. Datta Banne vs Noormohammad S/O. Badesab ... on 26 June, 2023
Bench: Rajendra Badamikar
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NC: 2023:KHC-D:6306
RSA No. 5125 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
REGULAR SECOND APPEAL NO. 5125 OF 2012 (SP-)
BETWEEN:
1. KALPANA W/O. DATTA BANNE
AGE: 45 YEARS, OCC: HOUSEHOLD
R/O. KUDACHI, TQ: RAIBAG,
DIST: BELGAUM.
2. SHOBHA W/O. SHASHIKANT SAGARE
AGE: 43 YEARS, OCC: HOUSEHOLD WORK
R/O. MARKET YARD, SANGLI,
DIST: SANGLI.
3. LATA W/O. KIRAN MAGADUM
AGE: 41 YEARS,
OCC: HOUSEHOLD WORK
R/O. MARKET YARD, SANGLI,
Digitally
signed by
DIST: SANGLI.
YASHAVANT
YASHAVANT NARAYANKAR
NARAYANKAR Date:
2023.06.30
12:43:34 -
0700 4. SUJATA W/O. AVINASH PATIL
AGE: 37 YEARS,
OCC: HOUSEHOLD WORK
R/O.MIRAJ, DIST: SANGLI.
5. NINGAWWA W/O. SUDHIR KHEMALAPURE
AGE: 37 YEARS, OCC: HOUSEHOLD WORK
R/O. JUGUL, TQ: ATHANI, DIST: BELGAUM.
6. SUSHAMA D/O. MAHADEV GINIMUGE
AGE: 26 YEARS, OCC: HOUSEHOLD WORK
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NC: 2023:KHC-D:6306
RSA No. 5125 of 2012
R/O. KUDACHI, TQ: RAIBAG,
AFTER MARRIAGE CALLED AS SMT. SUSHAMA
W/O. DILIP KOKANENOW.
R/O. NALGAV, TQ: MIRAJ,
DIST: SANGLI.
7. SUNITA D/O. MAHADEV GINIMUGE
AGE: 25 YEARS,
OCC: HOUSEHOLD WORK
AFTER MARRIAGE, SMT. SUNITA
W/O. GIDDA PATIL
R/O. TARDAL, TQ: HATKANAGALE AND
ALSO AT: KUDACHI,
TQ: RAIBAG, DIST: BELGAUM.
8. UJAWALA D/O. MAHADEV GINIMUGE
AGE: 24 YEARS,
OCC: HOUSEHOLD WORK
AFTER MARRIAGE,
SMT. UJAWALA BALU CHOUGULE
R/O. TARDAL, TQ: HATKANAGALE AND
ALSO AT: KUDACHI, TQ: RAIBAG,
DIST: BELGAUM.
9. MISS. SONAKKA D/O. MAHADEV GINIMUGE
AGE: 21 YEARS, OCC: HOUSEHOLD WORK
R/O. KUDACHI, TQ: RAIBAG,
DIST: BELGAUM.
10. SUMITRA D/O. MAHADEV GINIMUGE
AGE: 20 YEARS, OCC: HOUSEHOLD WORK
AFTER MARRIAGE, SMT. SUMITRA W/O. RAHUL
PATILR/O. KUDACHI, TQ: RAIBAG,
DIST: BELGAUM.
11. SHRIKANT ANNAPPA PATIL @ GINIMUGE
SMT. GEETA W/O. SHRIKANT PATIL @ GINIMUG
AGE: 34 YEARS, OCC: HOUSHOLD WORK,
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NC: 2023:KHC-D:6306
RSA No. 5125 of 2012
R/O. YAKKANCHI, TQ: ATHANI,
DIST: BELGAUM.
12. ABHISHEK S/O. SHRIKANT PATIL @ GINIMUGE
AGE: 10 YEARS, REPTED. BY HIS MOTHER
SMT. GEETA W/O. SHRIKANT PATIL @ GINIMUGE
R/O. YAKKANCHI, TQ: ATHANI,
DIST: BELGAUM.
...APPELLANTS
(BY SRI. G B SHASTRY, ADV., APPELLANTS 1, 4, 6, 8 & 10;
APPEAL AGAINST APPELLANT NO.3 - ABATED)
AND:
1. NOORMOHAMMAD S/O. BADESAB BHICCHU
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O. KUDACHI, TQ: RAIBAG,
DIST: BELGAUM.
...RESPONDENT
(BY SRI. SANGRAM S KULKARNI ADVOCATE FOR C/R)
THIS RSA IS FILED U/S. 100 OF C.P.C., AGAINST THE
JUDGEMENT & DECREE DTD:03.11.2011 PASSED IN
R.A.N0.10/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST
TRACK COURT-I, CHIKODI, DISMISSING THE APPEAL FILED
AGAINST THE JUDGMENT DTD:12.11.2010 AND THE DECREE
PASSED IN O.S. NO.107/2008 ON THE FILE OF THE SENIOR CIVIL
JUDGE RAIBAG, DECREEING THE SUIT FILED FOR SPECIFIC
PERFORMANCE OF CONTRACT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:6306
RSA No. 5125 of 2012
ORDER
Learned Counsel for the appellants filed retirement
memo on behalf of the appellants. He has produced
acknowledgments for having served notice to appellants 2,
5, 7, 9, 11 and 12 alone. As per the appeal memo appellant
No.12 was minor, aged about 10 years in 2012 and as on
today he has attained majority. However, minor guardian is
not discharged. Appeal as against appellant No.3 is already
abated. Notice issued to appellants 1, 4, 6, 8 and 10 is not
served. Hence, the question of permitting the learned
counsel for the appellants retiring for those appellants does
not arise at all. Hence, he is permitted to retire only on
behalf of appellants 2, 5, 7, 9, 11 and 12 alone.
2. The acknowledgments are produced but the
appellants are absent. The learned counsel for the appellant
also submits that he has no further instructions. Hence, the
appeal stands dismissed for non-prosecution.
Sd/-
JUDGE
