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Karnataka High Court

Padmavathi W/O Shankargouda Patil vs State Bank Of India Racpc Hubballi on 25 June, 2024

                             1


            IN THE HIGH COURT OF KARNATAKA,

               DHARWAD BENCH, DHARWAD

             DATED THIS 25TH DAY OF JUNE, 2024

                         BEFORE

           HON'BLE MR. JUSTICE C.M. POONACHA

                   RSA NO. 101065 OF 2022
BETWEEN:

1.   PADMAVATHI W/O SHANKARGOUDA PATIL
     AGE. 59 YEARS, OCC. HOUSEHOLD,
     R/O. H.NO.A1, GOVERNMENT QUARTERS,
     ADHYAPAK NAGAR, HUBBALLI DIST. DHARWAD

2.   SHANKARGOUDA S/O BHEEMANAGOUDA PATIL
     AGE. 59 YEARS, OCC. TEACHER,
     R/O. H.NO.A1, GOVERNMENT QUARTERS,
     ADHYAPAK NAGAR, HUBBALLI,
     DIST. DHARWAD.

3.   HASANKHAN S/O HAYATHKHAN
     AGE. 57 YEARS, OCC. TEACHER,
     R/O. EWS-192, MANJUNATH NAGAR,
     GOKUL ROAD, HUBBALLI,
     DIST. DHARWAD.
                                             ... APPELLANTS
     (BY SRI. PRASHANT S. HOSMANI, ADVOCATE FOR
     APPELLANTS)

     AND
     STATE BANK OF INDIA RACPC HUBBALLI
     R/BY THE ASSISTANT GENERAL MANAGER,
     NETWORK-1, KUSUGAL ROAD,
     KESHWAPUR, HUBBALLI, DIST:DHARWAD.
                                            ...RESPONDENT
                                        2


      RSA FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL
FOR RECORDS, PERUSE THE SAME AND SET ASIDE R.A. NO.
113/2019 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND JMFC
HUBBALLI DATED 17.03.2020 AND THE JUDGMENT AND DECREE
IN O.S. NO. 404/2015 PASSED BY THE PRINCIPAL CIVIL JUDGE
AND JMFC HUBBALLI DATED 22.03.2019 AND DISMISS THE SUIT
OF THE RESPONDENT IN THE INTEREST OF JUSTICE AND
EQUITY.


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

                                 ORDER

"Learned counsel for the appellants seeks for further time to comply with the office objections.

It is forthcoming that, this Court vide order dated 28.03.2024 granted five weeks time failing which, the appeal would stands dismissed.

Having regard to the Order dated 28.03.2024, the appeal is required to be dismissed. However, in view of the plea made by the counsel for the appellants, a week time is granted subject to the appellant paying cost of Rs.1,000/- to the Advocates Library Fund, High Court of Karnataka, Dharwad Bench, Dharwad, making it clear that, if the cost is not paid and the office objections are not complied within one week, the above appeal shall automatically stands dismissed without further reference to the Bench. "

SD/-
JUDGE 3 //COPY// Note:- As per endorsement made in the order sheet dated 18/09/2024. Counsel for the appellants has not complied with the office objections at Sl. No. 1 to 4 and has not filed the memo a/w cost paid receipt. Hence, this RSA No. 101065/2022 stands dismissed without further reference to the Bench as per the Court Order dated 25.06.2024.
SD/-
ASSISTANT REGISTRAR.
R- By:-jm C- By:-vt T- By: - cnb