Tarachand S/O Gopu And Ors vs Zumakabai W/O Devidas
2024 Latest Caselaw 12230 Kant

Karnataka High Court

Tarachand S/O Gopu And Ors vs Zumakabai W/O Devidas on 3 June, 2024

                                               -1-
                                                   NC: 2024:KHC-K:3511-DB
                                                       RFA No. 200005 of 2015




                              IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                            DATED THIS THE 3RD DAY OF JUNE, 2024

                                            PRESENT

                          THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                                              AND
                            THE HON'BLE MR. JUSTICE RAJESH RAI K

                   REGULAR FIRST APPEAL NO. 200005 OF 2015 (DEC/INJ)

                   BETWEEN:

                   1.   TARACHAND S/O GOPU
                        AGE: 32 YEARS,
                        OCC : AGRICULTURE,

                   2.   JAIRAM S/O DHANSING
                        AGE: 46 YEARS,
                        OCC : AGRICULTURE
                   3.   GORAM S/O DHANSING
                        AGE: 39 YEARS,
                        OCC : AGRICULTURE,
Digitally signed
by VARSHA N
RASALKAR                ALL R/O : CHINCHOLI (H),
Location: HIGH          TQ : CHITTAPUR.
COURT OF
KARNATAKA
                   4.   KAMALABAI W/O RAMCHANDRA RATHOD
                        AGE: 64 YEARS,
                        OCC : AGRICULTURE,
                        R/O : CHINCHOLI (H),
                        TQ : CHITTAPUR.

                   5.   LALBAI W/O MEGHU RATHOD
                        AGE: 64 YEARS,
                        OCC : HOUSEHOLD,
                        R/O : HULUSGUD TANDA,
                        TQ : CHINCHOLI.
                            -2-
                             NC: 2024:KHC-K:3511-DB
                                  RFA No. 200005 of 2015




6.   PUTALABAI W/O KALU RATHOD
     AGE: 61 YEARS, OCC : HOUSEHOLD,
     R/O : MOKIN TAND SARADAGI VILLAGE,
     TQ & DISTRICT: GULBARGA.
7.   ZALABAI W/O MOTIRAM CHAWAN
     AGE: 59 YEARS,
     OCC : HOUSEHOLD,
     R/O : CHANDANKERA VILLAGE,
     TQ : CHINCHOLI, DISTRICT: GULBARGA.
8.   KASHIBAI W/O RAJU RATHOD
     AGE: 54 YEARS,
     OCC : HOUSEHOLD,
     R/O : CHINCHOLI VILLAGE,
     TQ : CHITTAPUR.

9.   KHIRABAI W/O LATE DHANSING PAWAR
     AGE: 87 YEARS,
     OCC : HOUSEHOLD,
     R/O : CHINCHOLI (H)
     TQ : CHITTAPUR.
                                           ...APPELLANTS
(APPELLANTS NO'S 1 TO 9 ARE ABSENT)

AND:

ZUMKABAI W/O DEVIDAS
AGE: 62 YEARS,
OCC : AGRICULTURE,
R/O : CHINCHOLI (H),
TQ : CHITTAPUR - 585101.
                                           ...RESPONDENT
(BY SMT. SHARADA PATIL, ADVOCATE)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING
TO SET ASIDE THE JUDGMENT AND DECREE DATED
25.09.2014 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AT
CHITTAPUR AT CHITTAPUR IN OS. NO.232/2011 AND
CONSEQUENTLY BE PLEASED TO DISMISS THE SUIT FILED BY
THE PLAINTIFF AND FURTHER BE PLEASED TO DECREE THE
COUNTER CLAIM FILED BY THE APPELLANTS 1 TO 3.
                               -3-
                                 NC: 2024:KHC-K:3511-DB
                                        RFA No. 200005 of 2015




     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:

                          JUDGMENT

On 29.05.2024, the learned counsel for the

appellants filed a memo for retirement. The said memo

was placed on record. He was permitted to retire from the

case and office was directed to print the name of

appellants in the cause list and accordingly the name of

appellants is printed in the cause list.

Appellants called out, none appears. The appeal is of

the year 2015. It shows that the appellants are not

interested in prosecuting the appeal. Accordingly, the

appeal is dismissed for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE MSR

CT;BN