Dismissed

Smt.Mahadevi W/O Baladev Salimath v. Sri.Anand S/O Sidaghantayya Salimath

Karnataka HC22 Jul 2024RSA/100536/2020

Case brief

AI extract

What is this about?

Regular second appeal in a partition and separate possession suit, filed against the first appellate court's reversal of the trial court's dismissal of the suit. The appeal was not adjudicated on merits: it was dismissed for non-compliance with office objections despite a final opportunity and cost being granted.

What the court decided

AI extract

Smt.Mahadevi W/O Baladev Salimath Vs Sri.Anand S/O Sidaghantayya… — Partition | Karnataka HC (2024)

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD

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DATED THIS 22^ND DAY OF JULY, 2024

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BEFORE

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HON'BLE MR. JUSTICE C.M.POONACHA RSA NO. 100536/2020(PAR/SEP/POS)

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BETWEEN:

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SMT.MAHADEVI W/O BALADEV SALIMATH AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O: MALLIKARJUN GALLI, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOTE.

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SRI.VINOD S/O BALADEV SALIMATH AGE: 32 YEARS, OCC: ELECTRICIAN, R/O: MALLIKARJUN GALLI, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOTE.

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MISS. MAHANANDA D/O BALADEV SALIMATH AGE: 28 YEARS, OCC: HOUSEEHOLD WORK, R/O: MALLIKARJUN GALLI, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOTE.

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SMT.DANAMMA D/O BALADEV SALIMATH AGE: 28 YEARS, OCC: HOUSE-HOLD WORK, R/O: MALLIKARJUN GALLI, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOTE.

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...APPELLANTS

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(BY SRI : S C BHUTI , ADVOCATE FOR APPELLANTS)

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AND

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1 . SRI.ANAND S/O SIDAGHANTAYYA SALIMATH AGE: 37 YEARS, OCC: ELECTRICIAN, R/O: JAMBUKESHWAR GALLI, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOTE-587301

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2 . SRI.NAGARAJ S/O SIDAGHANTAYYA SALIMATH AGE: 35 YEARS, OCC: BAKERY BUSINESS, R/O: JAMBUKESHWAR GALLI, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOTE-587301

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SMT.GEETA W/O HLEBASAYYA GANACHARI SINCE DECEASED BY HER LRS,

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3 . SRI.HOLEBASAYYA S/O LIKAYYA GANACHARI, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: LOKAPUR, TQ: MUDHOL, DIST: BAGALKOTE-587313

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4 . KUMAR.PRITAM S/O HOLEBASAYYA GANACHARI AGE: 15 YEARS, OCC: STUDENT, R/O: LOKAPUR, TQ: MUDHOL, DIST: BAGALKOTE-587313

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5 . KUMAR GOUTAM S/O HOLEBASAYYA GANACHARI AGE: 11 YEARS, OCC: STUDENT, R/O: LOKAPUR, TQ: MUDHOL, DIST: BAGALKOTE-587313 THE APPELLANT NO.3 IS NATURAL FATHER M/G AND NEXT FRIEND OF RESPONDENT NO.4 AND 5.

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6 . SMT.BOURAWWA W/O SIDAGHANTAYYA SALIMATH AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O: JAMBUKESHWAR GALLI, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOTE-587313 SMT.SUSHILAWWA W/O SHIVAYYA MATHAPATI SINCE DECEASED BY HER LRS,

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7 . SRI.SURESH S/O SHIVAYYA MATHAPATI AGE: 40 YEARS, OCC: EDUCATION, R/O: JAMBUKESHWAR GALLI, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOTE-587301

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8 . SMT.AYYAWWA D/O SHIVAYYA MATHAPATI AGE: 38 YEARS, OCC: HOUSEHOLD WORK,, R/O: CHINAGUNDI FARM HOUSE, JAMKHANDI

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TQ: JAMKHANDI, DIST: BAGALKOTE-587301

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9 . SRI.SIDAGHANTAYYA S/O NOORANDAYYA SALIMATH AGE: 72 YEARS, OCC: NIL, R/O: JAMBUKESHWAR GALLI, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOTE-587301

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10 . SRI. SRI. MIRZZA S/O HASANSAB APARAZ AGE: 61 YEARS, OCC: BUSINESS R/O: KUMBAR GALLI, TQ: JAMKHANDI, DIST: BAGALKOTE-587301

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…RESPONDENTS

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RSA FILED U/SEC.100 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 26.05.2020 PASSED IN R.A.NO.31/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, JAMKHANDI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 20.7.2016, PASSED IN O.S. NO.196/2010 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, JAMKHANDI, DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION..

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;

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O R D E R

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Having regard to the order dated 05.04.2024, the above appeal is required to be dismissed.

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However, as final opportunity, one week time is granted to comply with the office objections, subject to payment of cost of Rs.1,000/- payable to the Advocates Library Fund, High Court of Karnataka, Dharwad Bench, Dharwad, making it clear that if the office objections are not complied with and the cost is not paid within one week, the above appeal shall automatically stand dismissed without further orders from the Court.

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SD/JUDGE

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//COPY//

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Note:- As per endorsement made in the order sheet dated 20.08.2024. The Advocate for the appellants has not complied with the office objections at sl.no.06 and has not filed the memo along with cost paid receipt. Hence, this RSA No. 100536/2020 stand dismissed without further orders from the Court as per the Court Order dated 22.07.2024.

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SD/ASSISTANT REGISTRAR

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R- By:-rv C- By:-rv T- By: -psl

Smt.Mahadevi W/O Baladev Salimath v. Sri.Anand S/O Sidaghantayya Salimath

Case brief

What is this about?

What the court decided

Smt.Mahadevi W/O Baladev Salimath v. Sri.Anand S/O Sidaghantayya Salimath

Case brief

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What the court decided

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