- 1 - RFA No. 100218 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF FEBRUARY, 2023 PRESENT THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY AND THE HON'BLE MR JUSTICE C M JOSHI REGULAR FIRST APPEAL NO. 100218 OF 2019 (PAR/POS) BETWEEN: 1. SHRI.MANJUNATH S/O LAXMAN VERNEKAR AGE 45 YEARS, OCC:GOLDSMITH R/O SAMARTH APARTMENT, F-1, FIRST FLOOR, SHARAF GALLI, BELAGAVI PIN CODE 590003 2. SMT. SUVARNA @ TANVI W/O SUDHIR RAIKAR AGE:40 YEARS, OCC:HOUSE HOLD WORKS R/O SAMBAJI GALLI, VADAGAON BELAGAVI PINCODE 590005 …APPELLANTS (BY SRI. VITTHAL S TELI, ADVOCATE) AND: 1. SHRI.NARAYAN S/O LAXMAN VERNEKAR AGE:43 YEARS, OCC:GOLDSMITH, R/O BHICHU GALLI, SHAHAPUR, BELAGAVI PIN CODE 590003 2. SMT. NANDINI W/O NARAYAN RAIKAR AGE:53 YEARS, OCC:HOUSE HOLD WORKS R/O:SIDDALINGESWAR COLONY, VIKAS NAGAR, HUBBALLI, PIN CODE 580021 …RESPONDENTS THIS RFA IS FILED UNDER ORDER 41 RULES 1 R/W SEC. 96 OF CPC AGAINST JUDGMENT AND DECREE DTD 28.02.2019 PASSED IN O.S.NO.231/2016 ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE & CJM, BELAGAVI, DISMISSING SUIT FILED FOR PARTITION AND SEPARATE POSSESSION AND DECLARATION. JAGADISH T R Digitally signed by JAGADISH T R Date: 2023.02.16 09:40:36 +0530 - 2 - RFA No. 100218 of 2019 THIS APPEAL COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING, THIS DAY, DR. H.B. PRABHAKARA SASTRY J., PASSED THE FOLLOWING: ORDER Learned counsel for the appellants, who is physically present, submits that in view of non-cooperation of the appellants, it is not possible for him to comply the office objections. With this, he submits that he has no other alternative but to submit his no objection to dismiss the appeal for non-compliance of the office objections. A perusal of the order sheet would go to show that several and sufficient opportunities of not less than five time have already been granted to the appellants to comply the office objections. Inspite of the same, the appellants are not evincing any interest to comply the office objections. Hence, the appeal stands dismissed for non-compliance of office objections. Sd/- JUDGE Sd/- JUDGE JTR/List No.: 1 Sl No.: 5