The High Court dismissed the appellant's appeal by order due to failure to comply with office objections within the granted time, without placing the matter before the court for substantive orders.
Appeal dismissed automatically due to non-compliance with office objections.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD
DATED THIS 08TH DAY OF MARCH 2017
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR RSA NO. 100789 OF 2016 (POS)
BETWEEN:
1 . SHIVAKUMAR S/O TOTAPPA NALAQWADAD, AGED: 68 YEARS, OCC: SERVICE RETIRED, RESIDING AT GADAG, GADAG DISTRICT.
... APPELLANT
(BY SRI. : ASHOK S MENSINKAI ADVOCATE)
AND:
1 . SUSHIVALAVVA KOM SANGAPPA BULLA, AGED ABOUT 61 YEARS, OCC: NIL, R/O: NEAR MAHALAKSHMI THEATRE, BANK ROAD, GADAG, SINCE DEAD BY LRS
1A) SMT.PARAVATEVVA W/O VEERAPPA NALWAD, AGED ABOUT 65 YEARS, OCC: NIL,R/O: BENKI NAGAR, KOPPAL & OTHERS.
...RESPONDENTS
RSA FILED U/SEC.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD:13.06.2016 PASSED IN R.A.NO.41/2006 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, GADAG,
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ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DTD:25.02.2006, PASSED IN O.S. NO.374/1989 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.), GADAG, DECREEING THE SUIT FILED FOR REDEMPTION OF MORTGAGE AND POSSESSION OF SUIT PROPERTY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING.
O R D E R
Again one week time is granted for complying with the office objections, or otherwise the appeal will stand dismissed automatically. There is no need to place the appeal before the court for passing orders on dismissal.
SD/-
JUDGE
Note:- As per endorsement made in the order sheet dated 07.06.2017. Counsel for the appellant has not complied with the office objections. Hence, this RSA stand dismissed without reference to Bench as per the Court Order dated 08.03.2017.
BY ORDER OF THE COURT
Sd/-
ASSISTANT REGISTRAR
T-By:- nth
1 issue framed by the court
Whether the appellant's appeal could be dismissed for non-compliance with office objections without substantive adjudication.
1 provisions across 1 enactments
SHIVAKUMAR S/O TOTAPPA NALAQWADAD
SUSHIVALAVVA KOM SANGAPPA BULLA
SMT.PARAVATEVVA W/O VEERAPPA NALWAD
SREE NI VAS HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
