Karnataka High Court
Saraswati And Ors vs Shivkumar And Ors on 28 November, 2023
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NC: 2023:KHC-K:8863
RFA No. 200047 of 2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
REGULAR FIRST APPEAL NO.200047 OF 2019 (PAR/INJ)
BETWEEN:
1. SARASWATI W/O VAIJANATH,
(D/O LATE SANGANBASAPPA NAGSHETENAVARU),
AGE: 43 YEARS,
OCC: HOUSEHOLD AND AGRICULTURE,
R/O H.NO.1-110, SHANKREMMA NILAYA,
OLD MAILOOR, NEAR HANUMAN TEMPLE,
BIDAR-585401.
2. VIMLABAI W/O SHIVRAJ
(D/O LATE SANGANBASAPPA NAGSHETENAVARU)
AGE: 38 YEARS,
OCC: HOUSEHOLD AND AGRICULTURE,
R/O YESGI MANDAL MANOOR,
Digitally signed TQ. NARAYANKHED T.S.,
by SHILPA R NOW RESIDING AT OLD MAILOOR,
TENIHALLI
Location: HIGH
NEAR HANUMAN TEMPLE,
COURT OF BIDAR-585401.
KARNATAKA
3. JAGADEVI W/O RAMESH
(D/O LATE SANGANBASAPPA NAGSHETENAVARU)
AGE: 35 YEARS, OCC: HOUSEHOLD AND
AGRICULTURE,
R/O NELWAL,
TQ. AND DIST.BIDAR-585401.
4. SHANTAMMA W/O PRAKASH
(D/O LATE SANGANBASAPPA NAGSHETENAVARU)
AGE: YEARS, OCC: HOUSEHOLD AND
AGRICULTURE,
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NC: 2023:KHC-K:8863
RFA No. 200047 of 2019
R/O KANGTI,
TQ. & DSIT.BIDAR-585401.
5. SIDDMMA
W/O LATE SANGANBASAPPA NAGSHETENAVARU
AGE: 66 YEARS, OCC: HOUSEHOLD AND
AGRICULTURE,
R/O CHIMKOD, TQ. AND DSIT. BIDAR,
NOW RESIDING AT H.NO.1-110,
SHANKREMMA NILAYA,
OLD MAILOOR, NEAR HANUMAN TEMPLE,
BIDAR-585401.
...APPELLANTS
(COURT NOTICE SERVED ON A1 TO A5)
AND:
1. SHIVKUMAR
S/O LATE SANGANBASAPPA NAGSHETENAVARU
AGE: 32 YEARS, OCC: PRIVATE SERVICE
AND AGRICULTURE,
R/O: CHIMKOD,
TQ: AND DIST: BIDAR-585402.
2. PUNYAWATI W/O LATE MALLIKARJUN
AGE: 42 YEARS, OCC: HOUSEHOLD,
R/O: CHIMKOD,
TQ: AND DIST: BIDAR-585402.
3. SANGEETA D/O LATE MALLIKARJUN
AGE: 27 YEARS, OCC: HOUSEHOLD,
R/O: CHIMKOD,
TQ: AND DIST: BIDAR-585402.
4. SUJATA D/O LATE MALLIKARJUN
AGE: 22 YEARS, OCC: HOUSEHOLD,
R/O: CHIMKOD,
TQ: AND DIST: BIDAR-585402.
5. POOJA D/O LATE MALLIKARJUN
AGE: 21 YEARS,
OCC: HOUSEHOLD,
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NC: 2023:KHC-K:8863
RFA No. 200047 of 2019
R/O: CHIMKOD,
TQ: AND DIST: BIDAR-585402.
6. BALAJI S/O SIDDAPPA
AGE: 27 YEARS, OCC: AGRICULTURE,
R/O: CHIMKOD,
TQ: AND DIST: BIDAR-585402.
7. BABU S/O BEERGONDA
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: CHIMKOD,
TQ: AND DIST: BIDAR-585402.
...RESPONDENTS
(R1, R3 R4 & R5 SERVED & UNREPRESENTED; V/O DATED
08.08.2023 NOTICE TO R6 & R7 HELD SUFFICIENT)
THIS RFA IS FILED U/S 96 R/W ORDER 41 RULE 1 OF
CPC, PRAYING TO MODIFY THE JUDGMENT AND DECREE
PASSED IN O.S. NO.165/2016 DATED 01.10.2018 BY THE
ADDITIONAL SENIOR CIVIL JUDGE AND CJM AT BIDAR, BY
ALLOWING THE SUIT IN RESPECT OF SUIT SCHEDULE
PROPERTIES A AND B.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Appellant Nos.1 to 5 called out and are absent.
The order sheet dated 29.08.2023 reads as under:
"Learned counsel, Sri Amresh S. Roja has filed
memo of retirement along with acknowledgement by
the appellants for having received the entire file
along with no objection from the counsel.
NC: 2023:KHC-K:8863
Memo of retirement is accepted.
Learned counsel, Sri Amresh S. Roja is
permitted to retire from the case.
Issue Court notice to the appellants."
Accordingly, the Court notice issued and it was served on
appellant Nos.1 to 5. In spite of that, they remained absent.
The appellants are not interested in prosecuting the appeal.
Hence, the appeal is dismissed.
Sd/-
JUDGE
SRT
CT-VD
