Karnataka High Court
Jannathbi W/O. Kasimsab Bagawan vs The Secretary on 9 January, 2024
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NC: 2024:KHC-D:484-DB
RFA No. 4098 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
REGULAR FIRST APPEAL NO. 4098 OF 2013 (MON)
BETWEEN:
1. JANNATHBI W/O. KASIMSAB BAGAWAN
AGE: 67 YEARS, OCC:HOUSEHOLD WORK,
R/O. I CROSS, AZAMNAGAR, BELGAUM-590010
2. MASABI W/O. IBRAHIM BAGAWAN
AGE: 48 YEARS, OCC: HOUSEHOLD WORK,
R/O. 2ND STAGE, NEAR KANNADA
GOVT. SCHOOL, HANUMAN NAGAR,
BELGAUM-590010
3. MALIK S/O. KASIMSAB BAGAWAN
AGE: 46 YEARS, OCC: CONTRACTOR,
R/O. IST CROSS, AZAMNAGR, BELGAUM-590010.
Digitally signed
by
SHIVAKUMAR 4. AKBAR S/O. KASIMSAB BAGAWAN
HIREMATH
Date: AGE: 44 YEARS, OCC: CONTRACTOR,
2024.01.12
10:48:10 +0530 R/O. AYESHA MANZIL,
LAST BUS STOP, SADASHIV NAGAR,
BELGAUM-590010.
5. RAFIQAHMED S/O. KASIMSAB BAGAWAN
AGE: 44 YEARS, OCC: CONTRACTOR,
R/O. I CROSS, AZAMNAGAR, BELGAUM-590010.
6. DILBAR W/O. MOHAMMEDSHAFI CHOUDHARI
AGE: 40 YEARS, OCC: HOUSEHOLD WORK,
R/O. 5TH CROSS, AZAMNAGAR, BELGAUM-590010.
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NC: 2024:KHC-D:484-DB
RFA No. 4098 of 2013
7. SAIRABANU W/O. ARIF BAGAWAN
AGE: 38 YEARS, OCC: HOUSEHOLD WORK,
R/O. APMC ROAD,
BEHIND ANGOLKAR COMPLEX,
AZAMNAGAR, BELGAUM-590010.
8. RIYAZAHEMAD S/O. KASIMSAB BAGAWAN
AGE: 36 YEARS, OCC: CONTRACTOR,
R/O. I CROSS AZAMNAGAR,
BELGAUM-590010.
9. RASOOLAHEMAD S/O. KASIMSAB BAGAWAN
AGE: 35 YEARS, OCC: CONTRACTOR,
R/O. I CROSS AZAMNAGAR,
BELGAUM-590010.
...APPELLANTS
(BY SRI. SHREEVATSA S. HEGDE, ADVOCATE)
AND:
1. THE SECRETARY
TO GOVERNMENT OF KARNATAKA
IRRIGATION DEPARTMENT
VIDHANA SOUDHA, BANGALORE-560001.
2. THE MANAGING DIRECTOR
KARNATAKA NEERAVARI NIGAM, LTD.,
GOVT. OF KARNATAKA
IVTH FLOOR, COFFEE BOARD BUILDING,
DR. B.R. ABMEDKAR VEEDHI, BANGALORE-560001.
3. THE CHIEF ENGINEER
KARNATAKA NEERAVARI NIGAM LTD.,
IRRIGATION NORTH, CLUB ROAD,
BELGAUM-590019.
4. THE SUPERINTENDING ENGINEER,
KARNATAKA NEERAVARI NIGAM LTD.,
G.R.B.C.C. CIRCLE, HIDKAL DAM,
TQ: HUKKERI, DIST: BELGAUM-591107.
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NC: 2024:KHC-D:484-DB
RFA No. 4098 of 2013
5. THE EXECUTIVE ENGINEER
KARNATAKA NEERAVARI NIGAM LTD
G.R.B.C. SUB DIVISION NO,11,
KOUJALAGI, TQ: GOKAK, DIST: BELGAUM,
A/P: KOUJALAGI-591227
...RESPONDENTS
(BY SRI. RAMESH MISALE, ADVOCATE FOR R1;
NOTICE SERVED TO R2 TO R4;
SRI. K.S. PATIL, ADVOCATE FOR R5)
THIS REGULAR FIRST APPEAL FILED UNDER ORDER XLI
RULE 1 R/W. SEC. 96 OF C.P.C., PRAYING TO SET ASIDE THE
JUDGMENT DATED 17-11-2012 PASSED BY THE IST
ADDITIONAL SR. CIVIL JUDGE, GOKAK, IN O.S. NO. 3/2007
DISMISSING THE SUIT AND FURTHER THE PLEASED TO
DECREE THE SUIT WITH COST.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ASHOK S. KINAGI, J., DELIVERED THE FOLLOWING:
ORDER
. This appeal was filed in the year 2013. In spite of
granting sufficient opportunity, the appellants have not
complied with the office objections.
Further, this Court vide order dated 02.01.2024,
finally a week's time was granted to comply with the office
objections and it was also made clear that, failing to
comply the office objections, the appeal shall be listed for
dismissal.
NC: 2024:KHC-D:484-DB
Even today also, the appellants have not complied
with the office objections. As the appeal is of the year
2013. In spite of granting sufficient time, the appellants
have not complied with the office objections.
It seems that, the appellants are not interested in
prosecuting the appeal.
Accordingly, the appeal is dismissed for non-
compliance of the office objections.
Sd/-
JUDGE
Sd/-
JUDGE
SVH
