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High Court of Karnataka · body

2025 DAILYLAW 52850 (KAR)

SRI. SHAIK MEHMOOD S/O LATE SHAIIK SAB v. SRI. S NAGARAJ S/O LATE S VENKATARAMANA RAO

RSA/100624/2023 · 2025-02-17

E S Indiresh

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD DATED THIS 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH RSA NO 100624/2023 BETWEEN: 1 . SRI. SHAIK MEHMOOD S/O LATE SHAIIK SAB AGED 60 YEARS R/O PLOT NO 96 WARD NO 16 6TH CROSS HANUMAN NAGAR BALLARI TQ AND DIST 583101 ...APPELLANT (By Sri. G I GACHCHINAMATH,ADV) AND 1 . SRI. S NAGARAJ S/O LATE S VENKATARAMANA RAO AGED ABOUT 61 YEARS OCC CLERK IN DR B K NURSING HOME R/O NO.C019 NEAR GANDHINAGAR MARKET 2 BALLARI PRESENTLY R/O C/O DR B K SRINIVAS MURTHY NURSING HOME GANDHINAGAR WOMENS COLLEGE ROAD BALLARI TQ AND DIST BALLARI 583101 AND OTHERS RESPONDENTS RSA FILED UNDER SECTION 100 OF CPC, PRAYING TO, A. CALL FOR RECORDS IN RESPECT OF THE IMPUGNED JUDGMENT AND DECREE DATED 06.12.2021 MADE IN R.A.NO. 22/2017 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BALLARI AND THE IMPUGNED JUDGMENT AND DECREE DATED 07.03.2017 MADE IN O.S.NO. 757/2013 PASSED BY THE IIND ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS BALLARI. B. TO SET ASIDE THE JUDGMENT AND DECREE DATED 06.12.2021 IN R.A. NO. 22/2017 PASSED BY PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BALLARI AND THE IMPUGNED JUDGMENT AND DECREE DATED 07.03.2017 MADE IN O.S.NO. 757/2013 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BALLARI AND DECREE THE SUIT OF PLAINTIFFS. 3 THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING; O R D E R Finally, three weeks’ time is granted to comply with the office objections, failing which, the appeal shall be dismissed without reference to the Bench for non-prosecution. SD/- JUDGE Note:- As per endorsement made in the order sheet dated 24/03/2025. Advocate for the appellant has not complied with the office objections. Hence, this RSA No. 100624/2023 stands dismissed without reference to the Bench as per the Court Order dated 17.02.2025. BY ORDER OF THE COURT Sd/- ASSISTANT REGISTRAR. C- By:- T- By: -fnl