Sulkisingh S/O Baladevsingh Bawari vs Smt.Kairunnisa W/O Nazeerahmed Khazi
2024 Latest Caselaw 12228 Kant

Karnataka High Court

Sulkisingh S/O Baladevsingh Bawari vs Smt.Kairunnisa W/O Nazeerahmed Khazi on 3 June, 2024

                                                -1-
                                                      NC: 2024:KHC-D:7338
                                                       RSA No. 100332 of 2019




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                              DATED THIS THE 3RD DAY OF JUNE, 2024
                                             BEFORE
                             THE HON'BLE MR JUSTICE C.M. POONACHA
                    REGULAR SECOND APPEAL NO. 100332 OF 2019 (DEC/INJ-)
                   BETWEEN:
                   1.   SULKISINGH S/O BALADEVSINGH BAWARI
                        AGE: 49 YEARS, OCC: BUSINESS,
                        R/O: HOUSE NO.45/46, SUBHASH,
                        NAGAR, OLD HUBBALLI, HUBBALLI.

                   2.   JWALASINGH S/O BALADEVSINGH BAWARI
                        AGE: 46 YEARS, OCC: BUSINESS,
                        R/O HOUSE NO. 45/46, SUBHASH
                        NAGAR, OLD HUBBALLI, HUBBALLI.
                                                                   ...APPELLANTS
                   (BY SRI GOURISHANKAR MOT, ADVOCATE)

                   AND:
                   1.   SMT. KAIRUNNISA W/O NAZEERAHMED KHAZI
                        AGE: MAJOR, OCC: HOUSE HOLD WORK,
                        R/O SUBHASH NAGAR, WOLD HUBBALLI, HUBBALLI.

                   2.   SHRI IMTIYAZ S/O NAZEERAHMED KHAZI
                        AGE: MAJOR, OCCUPATION: NOT
Digitally signed
                        KNOWN, R/O SUBHASH NAGAR,
by SAROJA               OLD HUBBALLI, HUBBALLI.
HANGARAKI
Location: HIGH     3.   SHRI SAMEER S/O NAZEERAHMED KHAZI
COURT OF                AGE: MAJOR, OCCUPATION: NOT
KARNATAKA               KNOWN, R/O SUBHASH NAGAR,
DHARWAD
BENCH                   OLD HUBBALLI, HUBBALLI
DHARWAD                                                          ...RESPONDENTS

                         THIS RSA IS FILED U/S. 100 OF CPC, PRAYING TO SET ASIDE
                   THE    JUDGMENT     AND    DECREE    DATED     20.11.2018  IN
                   R.A.NO.117/2017 BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND
                   JMFC COURT, HUBBALLI, AND ALSO SETTING ASIDE THE JUDGMENT
                   AND DECREE DATED IN O.S.NO.224/2017 BY THE II ADDITIONAL
                   CIVIL JUDGE AND III JMFC, HUBBALLI AND TO DISMISS THE
                   COUNTER CLAIM OF THE DEFENDANTS AS PRAYED BY THE
                   APPELLANTS/PLAINTIFFS IN THE SUIT, WITH COST THROUGHOUT,
                   IN THE INTEREST OF JUSTICE AND EQUITY.
                                -2-
                                     NC: 2024:KHC-D:7338
                                       RSA No. 100332 of 2019




     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                             ORDER

Vide order dated 20.03.2023, three weeks time was

granted to comply with the office objections.

However, since the office objections have not been

complied with, this Court vide order dated 13.02.2024

granted a week's time on payment of costs of Rs.1,000/-.

Though sufficient time was granted, neither the cost

has been paid nor the office objections have been complied

with.

In view of the same, the above appeal is dismissed for

non-prosecution.

Sd/-

JUDGE

SVH CT:GSM