Karnataka High Court
Bharat Babu Jadhav vs Shankar Narayan Jadhav on 21 October, 2024
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NC: 2024:KHC-D:15133
RSA No. 5839 of 2011
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REGULAR SECOND APPEAL NO. 5839 OF 2011 (PAR)
BETWEEN:
1. SHRI BHARAT BABU JADHAV,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O: KUDACHI ROAD, UGAR KHURD,
TQ: ATHANI, DIST: BELGAUM-581304.
2. SHRI PRITHVIRAJ KALAYAN RAO KULKARNI,
AGE: 53 YEARS, OCC: NILL,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
3. SHRI KASHINATH GOPAL THORUSE,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
... APPELLANTS
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
(BY SRI. AHAMED ALI J REHMANSHAH, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH AND:
1. SHANKAR NARAYAN JADHAV,
SINCE DECEASED BY HIS LRS,
1A. SMT. PARVATI W/O. SHANKAR JADHAV,
SINCE DECEASED BY HER LRS,
1B. ANANDIBAI W/O. SHANKAR JADHAV,
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
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RSA No. 5839 of 2011
1C. SMT. USHA @ SHOBHA W/O. BABU GHORPADE,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: MUDHOL, TQ: MUDHOL,
DIST: BAGALKOT-587313.
1D. SMT. CHITRA W/O. ANIL SALUNKE,
AGE: 51 YEARS, OCC: AGRICULTURE & HOUSEHOLD,
R/O: YELIHADALAGI,TQ: ATHANI,
DIST: BELGAUM-591304.
1E. SMT. SHOBHA W/O. NARAYAN CHAVAN,
AGE: 41 YEARS, OCC: HOUSEHOLD WORK,
R/O: THANI, TQ: ATHANI,
DIST: BELGAUM-591304.
1F. SHRI PEERAJI SHANKAR JADHAV,
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
1G. SMT. ASHABAI ASHOK GAIKAWAD,
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
1H. SHRI SUNIL SHANKAR JADHAV,
AGE: 31 YEARS, OCC: AGRICULTURE,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
1I. SHRI DILEEP SHANKAR JADHAV,
AGE MAJOR, OCC: AGRICULTURE,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
1J. SMT. LATABAI W/O. PRAKASH CHAVAN,
AGE: 22 YEARS, OCC: HOUSEHOLD WORK &
AGRICULTURE, R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
1K. SHRI SATISH SHANKAR JADHAV,
AGE: 24 YEARS, OCC: AGRICULTURE,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
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RSA No. 5839 of 2011
1L. SHRI SANJAY SHANKAR JADHAV,
AGE: 22 YEARS, OCC: AGRICULTURE,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
2. SMT. LAXMIBAI W/O. RAVAN JADHAV,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
3. SHRI SURESH RAVAN JADHAV,
AGE: 29 YEARS, OCC: AGRICULTURE,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
4. SHRI RAMESH RAVAN JADHAV,
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
5. SMT. SUREKHA RAVAN JADHAV
AGE: 21 YEARS, OCC: AGRICULTURE,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
6. SHRI BAHU NARAYAN JADHAV,
SINCE DECEASED BY HIS LRS
SMT. RUKMINI W/O BABU JADHAV,
AGE: 58 YEARS, OCC: HOUSEHOLD,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
7. SMT. SHANABAI APPA JADHAV,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
8. SMT. SUSHILA W/O. GOPAL PAWAR,
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
9. SMT. SUBHADRA W/O. BABU CHAVAN,
AGE: 60 YEARS, OCC: HOUSEHOLD WORK,
R/O: UGAR KHURD, TQ: ATHANI,
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RSA No. 5839 of 2011
DIST: BELGAUM-591304.
10. SHRI ANAND BABU JADHAV,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: KUDACHI ROAD, UGAR KHURD,
TQ: ATHANI, DIST: BELGAUM-591304.
11.. SMT. SUNANDA W/O. MARUTI GAVADE,
AGE: 48 YEARS, OCC: HOUSEHOLD WORK,
R/O: AVARWAD, TQ: SHIROL,
DIST: KOLHAPUR-416103.
12. SMT. ANJANA W/O. PRAKASH GHORPADE,
AGE: 43 YEARS, OCC: HOUSEHOLD WORK,
R/O: GOVINDPUR GALLI, LOKAPUR ROAD,
MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587313.
13. SHRI BABU RAJEKHAN SUTAR,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
14. SMT. RUKIYABI MOHIDINKHAN,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O: UGAR KHURD, TQ: ATHANI,
DIST: BELGAUM-591304.
... RESPONDETS
(BY SRI. M.H. PATIL, ADVOCATE FOR R1B, 1E, 1G, 1H, 1L, R2, R4 & R9;
SRI. PRASHANT HOSAMANI, ADVOCATE FOR R14;
R1C, R1F, R1I, R1J, R1K, R3, R5 & R11 ARE SERVED;
NOTICE TO R7, R10, R12, R13 HELD SUFFICIENT;
APPEAL AGAINST R6 & R8 STANDS ABATED;
APPEAL AGAINST R1D STANDS DISMISSED;
R1B TO R1I BE TREATED AS LRS OF DECEASED R1A)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO
SET ASIDE THE JUDGMENT AND DECREE PASSED IN R.A.NO.9/1993
BY THE FAST TRACK COURT, ATHANI, DATED 02.02.2010 AND
CONSEQUENTLY CONFIRM THE JUDGMENT AND DECREE PASSED IN
O.S.NO.227/1987 BY THE CIVIL JUDGE (JR.DN.) ATHANI ON DATED
30.01.1993 AND ACCORDINGLY ALLOW THIS APPEAL.
THIS RSA COMING ON FOR ORDERS, THIS DAY, THE COURT
MADE THE FOLLOWING:
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NC: 2024:KHC-D:15133
RSA No. 5839 of 2011
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
ORAL ORDER
This Court on 14.10.2024 noting the absence of the
learned counsel appearing for the appellants, the matter
was directed to be re-listed today for dismissal.
Today also, there is no representation on behalf of the
appellants. The appeal is of the year 2011, it appears that
the appellants are not interested in prosecuting the matter.
Hence, the appeal is dismissed for non-prosecution.
SD/-
______________________
(JUSTICE K.S. HEMALEKHA)
JUDGE
VNP
CT:GSM
