Karnataka High Court
Ninganagouda vs Smt.Amina on 21 October, 2022
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
1
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.100423 OF 2020 (DEC/INJ)
BETWEEN:
NINGANAGOUDA BUDANAGOUDA PATIL
SINCE DEAD BY HIS L.R.
1. DEVENDRAGOUDA
S/O NINGANA GOUDA PATIL,
AGED 41 YEARS, OCC: AGRICULTURE,
R/O JAYANAGAR
1ST CROSS, SAPTAPUR
DHARWAD-580 001.
...APPELLANT
[BY SRI.SHRIDHAR HIREMATH., ADVOCATE
FOR SRI.G.I.GACHCHINAMATH., ADVOCATE]
AND:
1. SMT.AMINA
W/O NAZEERAHMAD DHARWADKAR
AGED 57 YEARS,
OCC: HOUSE HOLD WORK,
R/O VANASHREE NAGAR,
SATTUR DHARWAD, DIST: DHARWAD.
2. SMT. KHAIRUNNISA
W/O ABDULAHMAD
AGED 52 YEARS,
OCC: HOUSE HOLD WORK,
R/O VANASHREE NAGAR,
SATTUR DHARWAD,
DIST: DHARWAD.
2
3. SMT. RAJMA
W/O NAZEERAHMAD SHAIKH,
AGED 54 YEARS,
OCC: HOUSE HOLD WORK,
R/O: HAVERIPETH,
SAVADATTI ROAD,
DIST: DHARWAD.
4. SMT. CHANDBI
W/O GOUSUSAB PENDARI,
AGED 32 YEARS,
OCC: HOUSE HOLD WORK,
R/O SAPTAPUR, DHARWAD
TQ AND DIST : DHARWAD.
5. SMT. MEHABOOBI
W/O WAJIRSAB BARIGIDAD,
AGED 30 YEARS,
OCC: HOUSE HOLD WORK,
R/O YAKKUNDI VILLAGE,
SAVADATTI, DIST: BELAGAVI.
6. SMT. FATIMA
W/O YUSUF KALADAGI
AGED 28 YEARS,
OCC: HOUSE HOLD WORK,
R/O JAVALI GALLI,
GADAG,
TQ AND DIST: GADAG.
7. SRI. AMINASAB
S/O HASANSAB PENDARI
AGED 50 YEARS,
OCC: AGRICULTURE,
R/O: HOYSALA NAGAR
HALIYAL ROAD, DHARWAD,
TQ AND DIST: DHARWAD.
8. SRI. MEHABOOBSAB
S/O HASANSAB PENDARI
AGED 47 YEARS,
OCC: AGRICULTURE,
R/O: HOYSALA NAGAR,
3
HALIYAL ROAD, DHARWAD,
TQ AND DIST: DHARWAD.
9. SRI. MOHAMMEDALI
S/O HASANSAB PENDARI
AGED 42 YEARS,
OCC: AGRICULTURE,
R/O: HOYSALA NAGAR,
HALIYAL ROAD,
DHARWAD,
TQ AND DIST: DHARWAD.
10. SRI. ISMAILSAB
S/O HASANSAB PENDARI
AGED 40 YEARS,
OCC: AGRICULTURE,
R/O: HOYSALA NAGAR,
HALIYAL ROAD, DHARWAD,
TQ AND DIST: DHARWAD.
11. AKBARSAB
S/O HASANSAB PENDARI
AGED 38 YEARS,
OCC: AGRICULTURE,
R/O: HOYSALA NAGAR
HALIYAL ROAD, DHARWAD,
TQ AND DIST: DHARWAD.
12. SRI. SHOUKATALI
S/O HASANSAB PENDARI
AGED 36 YEARS,
OCC: AGRICULTURE,
R/O: HOYSALA NAGAR,
HALIYAL ROAD, DHARWAD,
TQ AND DIST: DHARWAD.
13. NISARAHMAD @ NASARAHMED
S/O HASANSAB PENDARI
AGED ABOUT 34 YEARS,
OCC: AGRICULTURE,
R/O: HOYSALA NAGAR,
HALIYAL ROAD, DHARWAD,
TQ AND DIST: DHARWAD.
4
14. SMT. ASHMA
W/O HUSANSAB PENDARI
AGED 60 YEARS,
OCC: HOUSE HOLD WORK,
R/O: SAPTAPUR,
DHARWAD,
TQ AND DIST: DHARWAD.
15. SRI. IQBAL
S/O HUSANSAB PENDARI
AGED 40 YEARS,
OCC: AGRICULTURE,
R/O: SAPTAPUR, DHARWAD,
16. SRI ABDUL
S/O HUSANSAB PENDARI
AGED 38 YEARS,
OCC: AGRICULTURE,
R/O: SAPTAPUR, DHARWAD,
DIST: DHARWAD.
17. SRI. BASHEERAHMAD
S/O HUSANSAB PENDARI
AGED 36 YEARS,
OCC: AGRICULTURE,
R/O: SAPTAPUR,
DHARWAD,
TQ AND DIST: DHARWAD.
18. SMT. RASHEEDAH BEGAUM
W/O KALILAHMED TEENVALE
AGED 35 YEARS,
OCC: HOUSEHOLD WORK,
R/O: BARAIMAM GALLI,
DHARWAD, TQ AND DIST: DHARWAD.
19. JAREENABEGUM
W/O SHAMEER AHMED GABBUR
AGED 44 YEARS,
OCC: HOUSE HOLD WORK,
R/O NEAR MURUGHAMATH
DHARWAD.
5
20. SMT. RAMEEJABEGUM
D/O HUSASAB PENDARI
AGED 30 YEARS,
OCC: HOUSE HOLD WORK,
R/O: SAPTAPUR, DHARWAD,
TQ AND DIST: DHARWAD.
21. SRI. SHANKARRGOUDA NINGANAGOUDA PATIL
AGED 46 YEARS,
OCC: AGRICULTURE,
R/O JAYANAGAR CROSS,
SAPTAPUR, DHARWAD.
22. SRI. RATAN LAXMANSA KABADE
ABED 53 YEARS,
OCC: BUSINESS,
R/O NARAYANPUR, DHARWAD.
23. SMT. JYOTI
W/O RAMACHANDRA DASANNAVAR
AGED 51 YEARS,
OCC: HOUSE HOLD WORK,
R/O PLOT NO. 73
CHANNABASAVESHWAR NAGAR,
DHARWAD, DIST: DHARWAD.
... RESPONDENTS
(BY SRI.ARAVIND D.KULKARNI., ADVOCATE
FOR C/R-7 TO C/R-12)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, PRAYING TO SET ASIDE THE IMPUGNED
JUDGEMENT AND DECREE DATED 10.07.2019 MADE IN
R.A.NO.237/2016 PASSED BY THE IV ADDITIONAL DISTRICT
AND SESSIONS JUDGE, DHARWAD AND THE IMPUGNED
JUDGMENT AND DECREE DATED 29.08.2016 MADE IN O.S.NO.
60/2004 PASSED BY THE PRINCIPAL SENIOR CIIVL JUDGE AND
CJM, DHARWAD AND FURTHER DISMISS THE SUIT OF THE
PLAINGIFFS.
6
THIS REGULAR SECOND APPEAL POSTED FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Shridhar Hiremath., learned counsel on behalf of Sri.G.I.Gachchinamath., for appellant has appeared in person.
As could be seen from the daily order sheet, the matter was listed on 13.10.2022. On that day, at request on behalf of learned counsel for appellant, finally a week's time was granted to comply office objections failing which it was ordered to be listed for dismissal.
The appeal is listed today. So far office objections are not complied with.
Counsel Sri.Shridhar Hiremath., submits that short accommodation may be granted to comply office objections. 7
In view of earlier peremptory order dated:13.10.2022, the Regular Second appeal is dismissed for non- compliance of office objections.
Sd/-
JUDGE TKN