This appellate order dismissed an appeal filed under Section 100 of the CPC for non-compliance with office objections. The court noted repeated opportunities were granted without response, deeming the appellant not interested in prosecuting the appeal.
The appeal was dismissed for non-compliance with office objections.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 13TH DAY OF MARCH 2019
BEFORE
THE HON’BLE MR. JUSTICE B.M. SHYAM PRASAD
R.S.A.NO.100655 OF 2017 (SP)
BETWEEN:
SRI. SHIVAPRABHU @ RAMESH S/O ISHAPRABHU DESAI, AGED ABOUT 47 YEARS, OCC: AGRICULTURE, R/O: CHACHADI, TQ: SAUNDATTI, DIST: BELAGAVI.
... .APPELLANT
(BY SRI.VEERESH R. BUDIHAL, ADVOCATE)
AND
SRI. NARAYAN S/O HANAMANT RAJPUT, SINCE DEAD BY HIS LRS,
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R/O: POLICE HEAD QUARTERS, BELAGAVI, DIST: BELAGAVI.
... RESPONDENTS
(BY SRI.SANGRAM S.KULKARNI, ADVOCATE FOR C/R1-R5)
THIS R.S.A. IS FILED UNDER SECTION 100 OF THE CONDE OF CIVIL PROCEDURE, AND PRAYED TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 27.04.2017 MADE IN R.A.NO.31 OF 2017 PASSED BY XI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI AND THE IMPUGNED JUDGMENT AND DECREE DATED 26.07.2013 MADE IN O.S.NO.59 OF 2011 PASSED BY THE SENIOR CIVIL JUDGE, SAUNDATTI AND FURTHER DISMISS THE SUIT. THIS APPEAL IS COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
Repeated opportunities are granted to the appellant to
comply with the office objections. The last opportunity was granted on 12.02.2019 granting four weeks for compliance with office objections subject to the condition that if the office
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objections are not complied within a period of four weeks, the appeal would be dismissed.
Even then, the office objections have not been complied
with. It is obvious that appellant is not interested in prosecuting
the appeal. Therefore, appeal is dismissed.
Sd.
JUDGE
ckk/-
SRI. SHIVAPRABHU @ RAMESH S/O ISHAPRABHU DESAI
SMT.SHOBA W/O NARAYAN RAJPUT
KUMARI VIJAYASHREE NARAYAN RAJPUT
SRI.RAGHAVENDRA S/O NARAYAN RAJPUT
SRI.UDAYSINGH S/O HANAMANT RAJPUT
SRI.NAGARAJ S/O ISHAPRABHU DESAI
B.M. SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
