A regular first appeal filed under Section 39 of the Arbitration Act, 1940 was dismissed by this court as the appellants were not interested in prosecuting the appeal and subsequent office objections remained uncomplied.
Appeal dismissed due to lack of interest by appellants in prosecuting it.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MRS. JUSTICE M.G.UMA
REGULAR FIRST APPEAL NO.100076/2019
BETWEEN:
S/O. CHUDAMANI MODAGEKAR, AGE:62 YEARS, OCC:TRADE, R/O: NEHRU NAGAR, P.B.ROAD, BELAGAVI.
…APPELLANTS
(BY SRI SANGRAM S. KULKARNI, ADVOCATE)
AND:
Digitally signed by MANJANNA E Location: High Court of Karnataka
SHRI KRISHNARAO CHUDAMANI MODAGEKAR, SINCE DECEASED BY HIS L.R’S.
NC: 2024:KHC-D:6111 RFA No. 100076 of 2019
JANJIKAR STREET, MUMBAI – 400 003.
SMT. SUVARNA
W/O. RAMACHANDRA MODAGEKAR SINCE DECEASED.
- 3 - NC: 2024:KHC-D:6111 RFA No. 100076 of 2019
POST:MUTAGA, TALUKA AND DIST:BELAGAVI.
SMT. RUKMINIBAL W/O NARAYANARAO MODAGEKAR SINCE DECEASED BY HER LRS BROUGHT ON RECORDF ON RECORD.
SMT. MALUTAI W/O. VEEREBHADRA MUNGARI, SINCE DEAD BY HER LRS.
AGE: 49 YEARS, NILAJI, OCC: HOUSEHOLD, R/O: GOKUL NAGAR, NILAJI MUTAGA, TALUKA AND DIST:BELAGAVI.
15. BHARATI
W/O. VITHAL PATIL, AGE:46 YEARS, OCC: HOUSEHOLD, R/O RAKSHAK COLONY, VIJAY NAGAR, BELAGAVI.
- 5 - NC: 2024:KHC-D:6111 RFA No. 100076 of 2019
R/O GOKUL NAGAR, AT NILAJI, POST MUTUGA, TALUKA AND DIST:BELAGAVI.
…RESPONDENTS
(BY SRI JAIRAJ K. M. (PARTY -IN-PERSON), ADVOCATE FOR R3; SRI PRASHANT F. GOUDAR, ADVOCATE FOR R1, R2, R3 AND R19)
THIS RFA IS FILED UNDER SECTION 39 OF ARBITRATION ACT, 1940, AGAINST THE JUDGMENT AND DECREE DTD 17.11.2018 PASSED IN O.S.NO.41/2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BELAGAVI, DECREEING THE SUIT FILED FOR SETTING ASIDE THE ARBITRATION AWARD AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants is absent. No representation.
and the same were not complied with. Pursuant to the
same, the appeal was came to be dismissed vide order dated 29.06.2022. In-spite of that, office objections are not complied with.
in prosecuting the appeal. Therefore, the appeal is dismissed.
SD/JUDGE
EM/CT-ASC List No.: 2 Sl No.: 88
Shri. Ishwar S/o. Chudamani Modagekar and Smt. Geeta W/o. Ishwar Modagekar
Shri Krishnarao Chudamani Modagekar since deceased by L.R.s and others
Justice M.G. Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
