Karnataka High Court
Smt.Chaya W/O Maruti Anjikhane vs Maruti S/O Vithoba Anjikhane on 3 June, 2024
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NC: 2024:KHC-K:3541-DB
RFA No. 200020 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. 200020 OF 2015
(PAR/POS)
BETWEEN:
1. SMT.CHAYA
W/O MARUTI ANJIKHANE,
AGE: 47 YEARS, OCC: H H WORK,
R/O RADHABAI GOULI HOUSE,
LAXMI NAGAR, GACHIKATTI COLONY,
VIJAYAPUR - 586 101.
2. SAINATH
Digitally signed
S/O MARUTI ANJIKHANE,
by VARSHA N AGE: 23 YEARS, OCC: COOLIE,
RASALKAR
R/O RADHABAI GOULI HOUSE,
Location: HIGH
COURT OF LAXMI NAGAR, GACHINAKATTI COLONY,
KARNATAKA VIJAYAPUR - 586101.
3. KRISHANA
S/O MARUTI ANJIKHANE,
AGE: 21 YEARS, OCC:STUDENT,
R/O RADHABAI GOULI HOUSE,
LAXMI NAGAR, GACHINAKATTI COLONY,
VIJAYAPUR - 586101.
4. PRIYA
D/O MARUTI ANJIKHANE,
AGE: 15 YEARS, OCC:STUDENT,
MINOR U/G MOTHER APPELLANT NO.1,
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NC: 2024:KHC-K:3541-DB
RFA No. 200020 of 2015
R/O RADHABAI GOULI HOUSE,
LAXMI NAGAR, GACHINAKATTI COLONY,
VIJAYAPUR - 586 101.
...APPELLANTS
(BY SRI. PATIL SHRINIVAS BASAVANTRAO, ADVOCATE
[ABSENT])
AND:
1. MARUTI S/O VITHOBA ANJIKHANE,
AGE: 51 YEARS,
OCC: COOLIE,
R/O JAGADALE GALLI,
UPPALI BURZ, VIJAYAPUR-586 101.
2. SHARANAPPA S/O KALLAPPA UMARANI
SINCE DECEASED BY LR'S
2(A) RAVI
S/O SHARANAPPA UMARANI,
AGE: 48 YEARS, OCC: BUSINESS,
R/O: KIRTHI DRESSES,
MILION BAR CHOUK,
OPPOSITE SYNDICATE BANK,
VIJAYAPUR - 586 101.
2(B) SAVITRI
W/O SURESH UMARANI,
AGE: 37 YEARS, OCC: H H WORK,
R/O: BACK SIDE 16TH NUMBER GOVERNMENT
SCHOOL,
ADRASH NAGAR, VIJAYAPUR - 586 101.
2(C) JYOTHI
D/O SURESH UMARANI,
AGE: 37 YEARS, OCC: H H WORK,
R/O: BACK SIDE 16TH NUMBER GOVERNMENT
SCHOOL,
ADRASH NAGAR, VIJAYAPUR - 586 101.
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NC: 2024:KHC-K:3541-DB
RFA No. 200020 of 2015
2(D) SUBHASH
S/O SHARANAPPA UMARANI,
AGE: 46 YEARS,
OCC: BUSINESS,
R/O: UMARANI DRESSES,
OPPOSITE BHARAT WATH CO. LTD.,
GANDHI CHOUK, VIJAYAPUR - 586 101.
2(E) SANTOSH
S/O SHARANAPPA UMARANI,
AGE:46 YEARS,
OCC: BUSINESS,
R/O: UMARANI DRESSES,
OPPOSITE BHARAT WATH CO. LTD.,
GANDHI CHOUK, VIJAYAPUR - 586 101.
...RESPONDENTS
(BY SRI. GANESH S KALBURGI, SRI. ANANTH SJAHAGIRDAR
AND SRI. DESHPANDE G. V. ADVOCATE FOR R2(D),
COUNSEL FOR R2(E) IS DESIGNATED AS SENIOR COUNSEL.
NOTICE TO R1, R2(A), R2(B) and R2(C) SERVED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC R/W
ORDER 41 RULE 1 AND 2 OF CIVIL PROCEDURE CODE,
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND
DECREE DATED 30.01.2015 PASSED IN O S NO.68/2012 ON
THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE VIJAYAPUR
AND DECREE THE SAID SUIT FILED BY THE
PLAINTIFFS/APPELLANTS HEREIN BY ALLOWING THE ABOVE
SAID APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY RAJESH RAI K J., DELIVERED THE FOLLOWING:
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NC: 2024:KHC-K:3541-DB
RFA No. 200020 of 2015
JUDGMENT
This appeal is of the year 2015. The matter is listed
on several occasions for hearing, but the learned counsel
for the appellants remained absent. Today, though the
case is called thrice, none appears for the appellants.
2. As such, it seems that the appellants are not
interested to prosecute the appeal. Hence, we deem it
appropriate to dismiss the appeal, since the appeal is of
the year 2015.
Accordingly, appeal is dismissed for non
prosecution.
Sd/-
JUDGE
Sd/-
JUDGE
HKV
CT;BN
