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Karnataka High Court

Anand @ Anand Rao S/O Jagannath Rao ... vs Jaganath Rao S/O Srinivas Rao Kulkarni & ... on 20 February, 2018

Author: G.Narendar

Bench: G. Narendar

                              1




          IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

     DATED THIS THE 20TH DAY OF FEBRUARY, 2018

                          BEFORE

       THE HON'BLE MR. JUSTICE G. NARENDAR

        REGULAR FIRST APPEAL NO.200033/2016

BETWEEN:

Anand @ Anand Rao
S/o Jagannath Rao Kulkarni
Age: 49 years
Occ: Service & Agriculture
R/o Yadgiri, Tq. & Dist. Yadgiri
                                              ... Appellant

(By Sri N.B. Diwanji, Adv.)

AND:

1.     Jaganath Rao
       S/o Srinivas Rao Kulkarni
       R/o H.No.11-1400/23/8
       NOG's Colony, Biddapur
       Kalaburagi - 585 103

2.     Vijayakumar @ Bhimshenrao @ Bhimrao
       S/o Jagannath Rao Kulkarni
       Age: 53 years, Occ: Asst. Teacher
       Govt. Girls & Boys High School
       GPS School and Road Holitippi Street
       Sedam, Dist. Kalaburagi

3.     Smt. Sunanda W/o Vijaykumar Kulkarni
       Age: 49 years, Occ: Asst. Teacher
                              2




      Govt. High School, Kurkunta Village
      Tq. Sedam, Dist. Kalaburagi

4.    Kartik S/o Vijaykumar Kulkarni
      Age: 17 years, Minor

5.    Koustubh S/o Vijaykumar Kulkarni
      Age: 10 years, Minor

6.    Sri Gejalappa S/o Balappa
      Age: 34 years, Occ: Agriculture
      R/o Nasalwai, Tq. & Dist. Yadgir

7.    Sri Timmayya S/o Balappa
      Age: 49 years, Occ: Agriculture
      R/o Nasalwai, Tq. & Dist. Yadgir

8.    Sri Papalayya S/o Balappa Begar
      Age: 54 years, Occ: Agriculture
      R/o Nasalwai, Tq. & Dist. Yadgir

9.    Kashappa S/o Ningappa Agsar
      Age: 54 years, Occ: Agriculture
      R/o Nasalwai, Tq. & Dist. Yadgir

10.   Bhimdas S/o Ramkrishnayya Dasari
      Age: 37 years, Occ: Agriculture
      R/o Nasalwai, Tq. & Dist. Yadgir

11.   Madhusudhan S/o Yenkatayya Dasari
      Age: 37 years, Occ: Agriculture
      R/o Nasalwai, Tq. & Dist. Yadgir

12.   Yenkatappa S/o Balappa Begar
      Age: 29 years, Occ: Agriculture
      R/o Nasalwai, Tq. & Dist. Yadgir

13.   Kishtappa S/o Balappa Begar
      Age: 52 years, Occ: Agriculture
      R/o Nasalwai, Tq. & Dist. Yadgir
                              3




14.   Sulochana W/o Late Janardhanrao
      Age about 68 years, Occ: household
      R/o Devanoor Via Mudhol
      Tq. Sedam, Dist: Kalaburgi

15.   Smt. Vanamala
      D/o Late Janardhan Rao Kulkarni
      W/o Narasimacharya
      Age about 40 years, Occ: Household
      R/o Devanoor Via Mudhol
      Tq. Sedam, Dist: Kalaburgi

16.   Padmavathi
      D/o Late Janardhan Rao Kulkarni
      W/o Aanath Rao, Age about 40 years
      Occ: Household, R/o Devanoor Vai Mudhol
      Tq. Sedam, Dist. Kalaburgi

17.   Sri Seetaramrao
      S/o Late Janardhan Rao Kulkarni
      Age about 28 years, Occ: Agriculture
      R/o Devanoor Via Mudhol
      Tq. Sedam, Dist. Kalaburgi

18.   Smt. Kamalabai Late Janardhan Rao Kulkarni
      W/o Chintamani, Age about 37 years
      Occ: Household, R/o Devanoor Via Mudhol
      Tq. Sedam, Dist. Kalaburagi

19.   Sri Gururaj Rao
      S/o Late Janardhan Rao Kulkarni
      Age about 35 years, Occ: Agriculture
      R/o Devanoor Via Mudhol
      Tq. Sedam, Dist. Kalaburgi

20.   Smt. Yashodabai W/o Ramesh Biralkar
      Age: 60 years, Occ: Anganwadi Teacher
      R/o Jadhav Layout Anganwadi Kendra
      Near Biddapur Colony, Kalaburgi
                                              ... Respondents
                               4




     This RFA is filed under Section 96 of CPC, against the
judgment and decree dated 16.02.2016 passed in
O.S.No.34/2011 on the file of Senior Civil Judge at Yadgiri,
wherein, the suit was dismissed.

      This appeal is coming on for Orders this day, the
Court delivered the following:

                        JUDGMENT

Vide order dated 19.10.2016, finally three weeks time was granted to remove the office objections. Thereafter, the appeal came to be re-listed on 19.01.2018. On that day, yet again three weeks' time was granted as a last chance to remove the office objections, failing which it was directed that the appeal be listed for dismissal. Accordingly, the appeal is listed today.

2. Learned counsel for the appellant submits that office objections would be removed within a week.

3. It appears that, almost two years time has lapsed after the appellant was put on notice. Despite the passage of nearly two years, nothing precious has 5 been done. Hence, there is no merit in the plea for further extension of time.

Accordingly, the appeal stands dismissed for non- prosecution.

Sd/-

JUDGE LG