Mouneshwar Mohankar vs Padmavathi
2024 Latest Caselaw 27856 Kant

Karnataka High Court

Mouneshwar Mohankar vs Padmavathi on 20 November, 2024

                                                -1-
                                                         NC: 2024:KHC-D:16929
                                                       RSA No. 100925 of 2014




                               IN THE HIGH COURT OF KARNATAKA,
                                       DHARWAD BENCH

                           DATED THIS THE 20TH DAY OF NOVEMBER, 2024

                                             BEFORE

                            THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

                                  RSA NO. 100925 OF 2014 (INJ)

                      BETWEEN:

                      MOUNESHWAR @ MOHANKAR
                      S/O. CHANDRAPPA ANGADI,
                      AGE: 32 YEARS, OCC. BUSINESS,
                      R/O. HOSA ONI, SHUKRUVARPET,
                      DHARWAD-580001.
                                                             ... APPELLANT
                      (BY SHRI SANTOSH NARAGUND, ADVOCATE - ABSENT)

                      AND:

                      1.    SMT. PADMAVATHI W/O. VENKATESH JOSHI,
                            AGE: 69 YEARS,
         Digitally
         signed by
         VISHAL
                            OCC. RETD. GOVT. SERVICE,
VISHAL   NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:
                            R/O. NEAR VITTOBHA TEMPLE,
         2024.11.22
         10:40:26
         +0530              BEHIND SANGEET TEXTILES,
                            DURGABAIL, HUBLI-580020.

                      2.    NARASIMHA S/O. TRIYAMBAKA BETAGERI,
                            SINCE DECEASED BY HIS LRS.,

                      2A. SMT. INDIRABAI W/O. NARASIMHA BETAGERI,
                          AGE: 65 YEARS, OCC. HOUSEHOLD,
                          R/O. NEAR K.V.G. BANK, NAVANAGAR,
                          HUBLI-580025.

                      2B. TRIYAMBAKA S/O. NARASIMHA BETAGERI
                          AGE: 45 YEARS, OCC: SERVICE IN I.T DEPT.,
                           -2-
                                    NC: 2024:KHC-D:16929
                                  RSA No. 100925 of 2014




      AGE: 65 YEARS, OCC. HOUSEHOLD,
      R/O. NEAR K.V.G. BANK, NAVANAGAR,
      HUBLI-580025.

2C. SMT. GEETHA N BETAGERI @ CHAYA
    W/O. KRISHNA GRAMAPUROHIT,
    AGE: 41 YEARS, OCC. HOUSEHOLD,
    R/O. RAYARAMATHA, KILLA ONI,
    BADAMI, DIST. BAGALKOT-587201.

2D. VIDYA N BETAGERI @ KALPANA
    W/O. MOHAN DESHPANDE,
    AGE: 40 YEARS, OCC. HOUSEHOLD,
    R/O. NEAR DURGADEVI TEMPLE,
    SADHANAKERI, DHARWAD-580001.

2E.   SMT. VEENA @ VANITHA
      W/O. VASANT HEBLI,
      AGE: 51 YEARS, OCC. HOUSEHOLD,
      R/O. SRINIVAS NO.3,
      VAIKUNTA CO-OPERATIVE HOUSING SOCIETY
      LIMITED,
      NEHARU VILLAGE, MULUND (WEST), MUMBAI-80
      STATE OF MAHARASTRA.

2F.   SMT. SHEELA @ RADHA
      W/O. RAGHUNATH SHASHTRI,
      AGE: 58 YEARS, OCC. HOUSEHOLD,
      R/O. CHANDRALAYA NILAYA,
      MIG-2/5, HUDCO COLONY,
      GINAGERA ROAD, KOPPAL-583231.

3.    STATE OF KARNATAKA
      R/BY DEPUTY COMMISSIONER,
      DHARWAD.

4.    DHARWAD ZILLA PARISHAT
      D.C. COMPOUND DHARWAD-580001,
      R/BY ITS SECRETARY.
                         -3-
                                    NC: 2024:KHC-D:16929
                                  RSA No. 100925 of 2014




5.   HUBLI DHARWAD BLOCK
     EDUCATION OFFICER,
     PRIMARY SECTION,
     NEAR DISTRICT JUDGE COURT,
     DHARWAD-580001.

6.   HEADMASTER, KANNADA PRIMARY GIRLS SCHOOL,
     NO.14, KAMANAKATTI,
     DHARWAD-580001.

7.   SMT. AKKAMMA D/O. RAMACHANDRA DANVE,
     AGE: 40 YEARS, OCC. ADVOCATE,
     R/O. NEAR GANDHI HINDI SCHOOL,
     SHUKRAVARPET, DHARWAD-580001.
                                     ... RESPONDENTS
((BY SRI. C.N.HARLAPUR,
SRI S.S.TATTIMANI, ADVOCATES FOR C/R1)
SMT. GIRIJA HIREMATH, HCGP FOR R3 AND R5;
SRI. V.M.SHEELVANT, ADVOCATE FOR R7;
R2(C), R4, R6 ARE NOTICE SERVED;
R2(D) IS NOT CLAIMED)

     THIS RSA IS FILED U/S.100 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 19.09.2014 PASSED IN
R.A.NO.111/2008 ON THE FILE OF THE PRESIDING OFFICER
FAST TRACK MEMBER ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL, DHARWAD, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
26.06.2007 AND THE DECREE PASSED IN O.S.NO.130/2004
ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE (SR.DN)
DHARWAD, PARTLY DECREEING THE SUIT FILED FOR
PERMANENT INJUNCTION.

    THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                               -4-
                                        NC: 2024:KHC-D:16929
                                     RSA No. 100925 of 2014




                         ORAL ORDER

Noting the absence of the learned counsel appearing

for the appellant, the matter is directed to be listed for

dismissal.

2. Even today, there is no representation on behalf

of the appellant. The appeal is of the year 2014.

The appellant is not interested in prosecuting the appeal.

The appeal is dismissed for non-prosecution.

Sd/-

(JUSTICE K.S.HEMALEKHA)

VNP / CT:PA