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2025 DAILYLAW 4323 (KAR)

SRI. T SHASHIDHAR S/O T. RAMESHWAR RAO ALIAS T RAMESH v. SRI. U MAHDUSUDHAN REDDY S/O LATE U THIMMA REDDY

RSA/100382/2023 · 2025-07-21

M G S Kamal

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Judgment text

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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 100382/2023 BETWEEN: 1 . 1(a). SRI. T SHASHIDHAR S/O T. RAMESHWAR RAO @ T RAMESH AGE. ABOUT 43 YEARS, OCC. BUSINESS, R/O. NEAR K.C. KONDAIAH HOUSE, PARVATHI NAGAR, BALLARI, SINCE DECEASED BY LR.S, SRI T. VEERA RAHGAVAMMA W/O LATE T. RAMESHWARA RAO @ T. RAMESH, AGE ABOUT 67 YEARS, (MOTHER). R/O DOOR NO. 34/18B, 2ND CROSS, BESIDES B.C. KONDAIAH’S HOUSE, PARVATHI NAGAR, BALLARI. 1(b) T. PRATIBHA W/O SRI. T. SASHIDHAR AGE ABOUT 42 YEARS, (WIFE), R/O DOOR NO. 34/18B, 2ND CROSS, BESIDES B.C. KONDAIAH’S HOUSE, PARVATHI NAGAR, BALLARI. 1(c) T VIJAYA YASHWANTH S/O LATE T. SHASHIDHAR AGE ABOUT. 15 YEARS, 2 R/O DOOR NO. 34/18B, 2ND CROSS, BESIDES B.C. KONDAIAH’S HOUSE, PARVATHI NAGAR, BALLARI. 1(d) T SAHARSH S/O LATE T. SHASHIDHAR AGE ABOUT 11 YEARS, R/O DOOR NO. 34/18B, 2ND CROSS, BESIDES B.C. KONDAIAH’S HOUSE, PARVATHI NAGAR, BALLARI. 1(C) AND 1(D) ARE BEING MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER SMT. PRATHIBHA D/O T. SHASHIDHAR. ...APPELLANTS (BY SRI. : GIRISH V BHAT, ADVOCATE FOR APPELLANTS) AND 1 . SRI. U MAHDUSUDHAN REDDY S/O LATE U THIMMA REDDY AGE ABOUT. 57 YEARS OCC. AGRICULTURIST, R/O. NO. 45, MIG II, NETHAJI NAGAR, HOUSING BOARD COLONY, OPPOSITE TO VASAVI SCHOOL, CANTONMENT, BALLARI …RESPONDENT 3 RSA FILED UNDER SECTION 100 OF CPC, PRAYING TO, ADMIT THE APPEAL, CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND DECREE OF THE FIRST APPELLATE COURT IN RESPECT OF ANSWERING ISSUE NO.4 IN AFFIRMATIVE BY THE PRL. SENIOR CIVIL JUDGE AND CJM BALLARI IN R.A NO.127/2019 DATED 17.12.2022 AND FURTHER BE PLEASED TO CONFIRM THE JUDGMENT AND DECREE OF THE TRAIL COURT IN RESPECT OF ISSUE NO.4. BY THE LEARNED PRL. CIVIL JUDGE AND JMFC BALLARI IN O.S NO.469/2014 DATED 31.07.2019. 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 14.03.2024 has granted six weeks time to comply with the office objections failing which the appeal stands dismissed. Although the appeal is required to be dismissed in terms of the order dated 14.03.2024, 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.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 with within one week, the appeal shall automatically stands dismissed without further reference to the Court. SD/- JUDGE 4 //COPY// Note:- As per endorsement made in the order sheet dated 25.09.2024. Advocate for the appellants has not complied with the office objections at sl.no. 1 to 14 and has not filed the memo A/w cost paid receipt. Hence, this RSA No. 100382/2023 stands dismissed without further reference to the Court as per the Court Order dated 15.07.2024. SD/- ASSISTANT REGISTRAR. R- By:- C- By:-rv T- By: -psl