Second appeal over exclusion of certain survey numbers from a partition decree. The appeal was not disposed on merits; it stood dismissed for non-compliance with office objections despite time being granted.
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.
1
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD
DATED THIS 15TH DAY OF JULY, 2024
BEFORE
HON'BLE MR. JUSTICE C.M. POONACHA
RSA NO. 100762 OF 2022
BETWEEN:
SHRI AMAR S/O PARVATRAO DESAI AGE. 65 YEARS, OCC. BUSINESS, R/O. H. NO.257, VISHNU GALLI, MADHAVAPUR, VADGAON, BELAGAVI-590005
... APPELLANT
(BY SRI. SANGRAM S. KULKARNI, ADVOCATE FOR APPELLANT)
AND
2
NEAR SURABHI MANGAL KARALAYA, PUNE-411009(MAHARASTRA STATE).
3
...RESPONDENTS
RSA FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 29.09.2021 PASSED BY THE COURT OF PRINCIPAL DISTRICT JUDGE, BELAGAVI ALLOWING THE UN-NUMBERED CROSS OBJECTIONS FILED BY THE DEFENDANTS 9 AND 10 IN R.A. NO. 105/2013 AND KEEPING RS. NOS. 4/1B, AND 4/2B FROM OUT OF PURVIEW OF PARTITION AND DENYING THE PLAINTIFF HIS LEGITIMATE SHARE TO THE APPELLANT / PLAINTIFF IN RS. NOS. 4/1B AND 4/2B.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;
O R D E R
“Learned counsel for the appellants present.
This Court vide order dated 01.04.2024 has granted five weeks time to comply with the office objections, failing which the appeal stands dismissed.
4
Although the appeal is required to be dismissed in terms of the order dated 01.04.2024, in view of the request made by the learned counsel for the appellants, one week time is granted subject to payment of cost of Rs.1,000/to the Advocates’ Library Fund, High Court of Karnataka, Dharwad Bench, Dharwad, making it clear that if cost is not paid and the office objections are not complied with within one week, the appeal shall automatically stands dismissed without further reference to the Court.”
SD/JUDGE
//COPY//
Note:- As per endorsement made in the order sheet dated 12.08.2024. Counsel for the appellant has not complied with the office objections at Sl. No. 2 and 6. Hence, this RSA No. 100762/2022 stands dismissed without further reference to the Court as per the Court Order dated 15.07.2024.
SD/ASSISTANT REGISTRAR .
R- By:-jm C- By:-vt T- By: - cnb
1 provisions across 1 enactments
Shri Amar S/o Parvatrao Desai
Shri Ajay S/o Parvatrao Desai
Smt. Susmita Ashok Desai
Smt. Mayuri Pruthviraj Khamkar
Shri Rudhiraj S/o Ashok Desai
Kumari Sheetal Ashok Desai
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
