Karnataka High Court
Sambhajirao Narayan Desai vs Balakrishna Pandurang Desai on 13 July, 2022
Author: R.Devdas
Bench: R.Devdas
-1-
CRP No. 100039 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE R.DEVDAS
CIVIL REVISION PETITION NO. 100039 OF 2014 (-)
BETWEEN:
SAMBHAJIRAO NARAYAN DESAI
SINCE DECEASED BY HIS L RS,
1. SMT.MALANBAI W/O SAMBHAJIRAO DESAI
AGE: 54 YEARS, OCC: HOUSEHOLD,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
2. KUMARI NANDA D/O SAMBHAJIRAO DESAI
AFTER MARRIAGE KNOWN AS,
NANDA W/O PRASHANT PATIL,
AGE: 29 YEARS,
OCC: HOUSEHOLD,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM,
Digitally
signed by
NOW RESIDING AT
VINAYAKA B V
VINAYAKA Location: KAVATE MAHAKAL-416 405,
Dharwad
BV Date:
2022.07.16
10:42:02
DIST: SANGLI MAHARASHTRA STATE
+0530
3. SHRI.PRASHANT S/O SAMBHAJIRAO DESAI
AGE: 28 YEARS,
OCC: AGRICULTURE,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM
4. SMT.ROOPA W/O PRASHANT BHOSALE
AGE: 33 YEARS,
OCC: HOUSEHOLD,
-2-
CRP No. 100039 of 2014
R/O: PALLUS-416 310,
DIST: SANGLI MAHARASHTRA.
5. SHRI.RAJARAM NARAYAN DESAI
RAJARAM NARAYAN DESAI,
AGE: 64 YEARS,
OCC: AGRICULTURE,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
6. SHRI.AMARSINHA NARAYAN DESAI
AGE: 45 YEARS,
OCC: AGRICULTURE,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
7. SHRI.VISHWAS NARAYAN DESAI
AGE: 50 YEARS,
OCC: AGRICULTURE,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
BALAWANT SHRIPATI DESAI
SINCE DECEASED BY HIS LRS,
8. SMT.INDUBAI W/O BALAWANT DESAI,
AGE: 76 YEARS,
OCC: HOUSEHOLD,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
9. SHRI.VASANT S/O BALAWANT DESAI
AGE: 51 YEARS,
OCC: AGRICULTURE,
R/O: BADACHI-591 230,
TALUK: ATHANI,
-3-
CRP No. 100039 of 2014
DIST: BELGAUM.
10. SHRI.APPASAHEB S/O BALAWANT DESAI
AGE: 45 YEARS,
OCC: AGRICULTURE,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
11. SHRI.GANAPATRAO S/O BALAWANT DESAI
AGE: 36 YEARS,
OCC: AGRICULTURE,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
12. SHRI.ASHOK S/O BALAWANT DESAI
AGE: 27 YEARS,
OCC: AGRICULTURE,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
13. SMT.VIMAL W/O BABASAHEB BHOSALE
AGE: 39 YEARS,
OCC: HOUSEHOLD
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
14. SMT.SUVARNA W/O DILIPRAO GAIKAWAD
AGE: 31 YEARS,
OCC: HOUSEHOLD
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
15. SHRI.VITHAL BALASAHEB @BHAUSAHEB DESAI
AGE: 40 YEARS,
OCC: AGRICULTURE,
R/O: BADACHI-591 230,
TALUK: ATHANI,
-4-
CRP No. 100039 of 2014
DIST: BELGAUM.
SMT.LAXMIBAI W/O NARAYANRAO DESAI
SINCE DECEASED BY HER LRS,
PETITIONERS 16 TO 21
16. SHRI.GULABRAO S/O NARAYANRAO DESAI
AGE: 82 YEARS,
OCC: AGRICULTURE,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
17. SHRI.JAYASIMHA S/O NARAYANRAO DESAI
AGE: 54 YEARS,
OCC: AGRICULTURE,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
18. SMT.VIJAYA W/O NARAYANRAO SALUNKE @ DESAI
AGE: 50 YEARS,
OCC: HOUSEHOLD
R/O: ARATAL-591248
TALUK: ATHANI,
DIST: BELGAUM.
19. SMT.BEBI W/O BALASAHEB DESAI
AGE: 48 YEARS,
OCC: HOUSEHOLD
R/O: VALVA 416 221,
DIST: SANGLI,
MAHARASHTRA.
20. SMT.BALEKKA W/O MANASINGH SAVANT
AGE: 46 YEARS,
OCC: HOUSEHOLD
R/O: BAYAPPACHEWADI-416 426
DIST: SANGLI,
MAHARASHTRA.
-5-
CRP No. 100039 of 2014
21. SMT.LATA W/O BALACHANDRA GHORPADE
AGE: 40 YEARS,
OCC: HOUSEHOLD,
R/O: SANAL-587 301,
TALUK: JAMKHANDI,
DIST: BAGALKOT.
SMT.SARASWATI W/O BALASAHEB @ BAHUSAHEB DESAI
SINCE DECEASED BY HER LRS,
PETITIONERS 22 TO 25
22. SMT.BHAGIRATHI W/O BALASAHEB
@ BAHUSAHEB DESAI,
AGE: 65 YEARS,
OCC: HOUSEHOLD,
R/O: BADACHI-591230,
TALUK: ATHANI,
DIST: BELGAUM.
23. SHRI.SHAHAJI S/O BALASAHEB @ BAHUSAHEB DESAI
AGE: 34 YEARS,
OCC: AGRICULTURE,
R/O: BADACHI-591230
TALUK: ATHANI,
DIST: BELGAUM.
24. SMT.SADHANA W/O BALASAHEB WATI @ PATIL
AGE: 39 YEARS,
OCC: HOUSEHOLD,
R/O: KHANDE RAJAURI-416426,
DIST: SANGLI,
MAHARASHTRA.
25. SMT.SUJATA W/O BABURAO GHORPADE
AGE: 37 YEARS,
OCC: HOUSEHOLD,
R/O: SANAL-587 301,
TALUK: JAMKHANDI,
DIST: BAGALKOT.
...PETITIONERS
-6-
CRP No. 100039 of 2014
(P1, P2-P4, P6, P8-P25 SERVED, P5 & P7 DECEASED, )
AND:
BALAKRISHNA PANDURANG DESAI
SINCE DECEASED BY HIS LRS,
1. SMT.RUKMINI W/O BALAKRISHNA DESAI,
AGE: 69 YEARS,
OCC: HOUSEHOLD,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
2. SHRI.RAJU S/O BALAKRISHNA DESAI
AGE: 46 YEARS,
OCC: AGRICULTURE,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
3. SHRI.PRAKASH S/O BALAKRISHNA DESAI
AGE: 39 Y EARS,
OCC: AGRICULTURE,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
4. SMT.JAYASHREE W/O PRAKASH POL
AGE: 44 YEARS,
OCC: HOUSEHOLD,
R/O: GHARADI-413 04,
TALUK: PANDHARPUR,
DIST: SOLHAPUR,
NOW RESIDING AT BADACHI-591230
TALUK: ATHANI,
DIST: BELGAUM.
5. SMT.MEGHA @ SUNITA W/O SANTOSH BHOSALE
AGE: 33 YEARS,
OCC: HOUSEHOLD,
-7-
CRP No. 100039 of 2014
R/O: KHANDE RAJURI-416 426,
TALUK: MIRAJ,
DIST: SANGLI,
MAHARASHTRA.
BHAGAWANT SHRIPATI DESAI
SINCE DECEASED BY HIS LRS,
RESPONDENTS 6 and 7,
6. SHRI.SHIVAJIRAO BHAGAWANT DESAI,
AGE: 69 YEARS,
OCC: AGRICULTURE,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
7. SHRI.ANANDRAO BHAGAWANT DESAI
AGE: 68 YEARS,
OCC: AGRICULTURE,
R/O: BADACHI-591 230,
TALUK: ATHANI,
DIST: BELGAUM.
...RESPONDENTS
(BY SRI. B.S.KAMATE, ADV. FOR R1-R5,
R6 & R7 ARE SERVED)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION
115 OF CPC PRAYING TO SET ASIDE THE ORDER DATED 19.04.2014
PASSED BY THE VII ADDITIONAL DISTRICCT AND SESSIONS JUDGE,
BELGAUM AT CHIKODI IN MISC.APPEAL NO.53/2013 AND ETC.
THIS CIVIL REVISION PETITION COMING ON FOR ORDERS
THIS DAY THE COURT MADE THE FOLLOWING.
-8-
CRP No. 100039 of 2014
ORDER
R.DEVDAS J., (ORAL):
On going through the order sheet, this court finds that although learned counsel Sri.M.G.Nagnuri who was on record for the petitioners had passed away, nevertheless, learned counsel Smt.S.V.Deshpande also held vakalath for the petitioners along with Sri.M.G.Naganuri and therefore, at the request of the learned counsel Smt.S.V.Deshpande the matter was adjourned by order dated 24.02.2021. On the next date of hearing, when the learned counsel for the petitioners did not appear, this court directed issuance of court notice to the petitioners.
2. As per the report received from the Senior Civil Judge, Athani, petitioner Nos.1, 3, 6, 8, 11, 13 and 15 are served personally. Petitioner Nos.5 and 7 are reported to have died. Petitioner Nos.9, 10, 12, 14, 16-18, 22 and 23 were served through adult service. Nevertheless, there is no representation for the petitioners. -9- CRP No. 100039 of 2014
3. No useful purpose would be served by keeping this matter pending.
4. Consequently, the civil revision petition stands dismissed for non-prosecution.
5. Liberty is also reserved to the petitioners to move an application, if they are so advised.
SD JUDGE MBS