SRI. SALIM AHAMED S/O ABDUL KHADAR SUSIWALE v. INDIRABAI W/O BHAMOJI BIRJE (REPORTED TO DEAD)
RSA/100950/2023 · 2026-08-31
B Muralidhara Pai
body2024
DailyLaw.ai
[ 2024 DAILYLAW 906 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 906 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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 100950/2023 (PI)
BETWEEN:
1 SRI. SALIM AHAMED S/O ABDUL KHADAR SUSIWALE AGE 65 YEARS OCC GOVT SERVICE R/O LINE BAZAR BHUSAPA CHOWKI DHARWAD TQ DHARWAD, DIST DHARWAD
2 SRI FAZAL AHAMED S/O ABDUL KHADAR SUSIWALE AGE 58 YEARS, OCC BUSINESS R/O LINE BAZAR BHUSAPPA CHOWKI DHARWAD TQ DHARWAD, DIST DHARWAD
... APPELLANTS
(By Sri., D.M.MALLI ADVOCATE FOR APPELLANTS)
AND
1 INDIRABAI W/O BHAMOJI BIRJE (REPORTED TO DEAD) AZAD URABAN CO OPERATIVE BANK BY ITS MANAGER
SARDAR MAHBUB ALI KHNA ROAD HUBBALLI W/O SHIVAPPA MUSHANNAVAR AGE 50 YEARS OCC BANK MANAGER / HOUSE HOLD WORK R/O JAIBHEEM NAGAR, DAHRWAD TQ DHARWAD, DIST DHARWAD
2 2 SMT KAMALA D/O VISHNU SHANKAR BIRJE AGE 45 YEARS OCC HOUSEHOLD WORK R/O NEAR DURGADEVI TEMPLE DHARWAD, TQ DHAREAD DIST DHARWAD, MARUTI S/O BHIMJEE BIRJE NO CLAIM REPORTED AS DEAD
3 SMT VIJAYLAXMI W/O GANAPATI BIRJE AGE 50 YEARS, OCC HOUSEHOLD WORK R/O NEAR DURGADEVI TEMPLE DHARWAD, TQ DHARWAD
...RESPONDENTS
RSA FILED UNDER SECTION 100 OF CPC, PRAYING TO, CALL FOR RECORDS OF THE LOWER COURTS AND SET ASIDE THE JUDGMENT AND DECREE PASSED DATED 21.04.2023 IN RA NO.88/2021 PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE DHARWAD WHICH HAS CONFIRMED THE JUDGMENT AND DECREE DATED 07.04.2021 PASSED IN OS NO.269/2013 PASSED BY THE COURT OF THE II ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS-II DHARWAD, AND ALLOW/DECREE THE SUIT FILED BY THE PLAINTIFFS/APPELLANTS FAVOUR, IN THE INTEREST OF JUSTICE AND EQUITY. 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 six weeks time to comply with the office objections, failing which the appeal stands dismissed.
3 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 the payment of cost of Rs 1000/- to the Advocate 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 with within one week, the appeal shall automatically stand dismissed without further reference to the Court. SD/- JUDGE
//COPY// Note:- As per endorsement made in the order sheet dated 17/08/2024. Advocate for the appellant has not complied with the office objections at SI No. 1 to 5 and has not filed the cost memo a/w cost receipt. Hence, this RSA No. 100950/2023 stands dismissed without reference to the Court as per the Court Order dated 15.07.2024. SD/- ASSISTANT REGISTRAR. R- By:-
C- By:-lj T- By: -psl