The High Court of Karnataka, in Regular First Appeal No.1137/2014, dismissed the appeal held defective as the appellant failed to comply with a peremptory order dated 23.10.2021 directing compliance within court office hours.
The appeal is dismissed for default due to non-compliance with the peremptory order dated 23.10.2021.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO
REGULAR FIRST APPEAL NO.1137/2014
BETWEEN:
SMT. VENKATAMMA W/O. LATE THIPPAIAH AGED ABOUT 78 YEARS NO.42, C/O R.K. ELECTRICALS SAITPALYA, BANGALORE-560 084. REP. BY GPA HOLDER SRI. SHANMUKAIAH S/O. VEERAPAIAH AGED ABOUT 60 YEARS R/AT. NO.26, HUTCHINS ROAD, FREZER TOWN, BANGALORE-560 05. ...APPELLANT
(BY SRI. PAPI REDDY .G, ADVOCATE - ABSENT)
AND:
S/O. LATE T. KRISHNAPPA MAJOR, RESIDING IN A PORTION OF THE PREMISES NO.26, 3RD CROSS, HUTCHINS ROAD, BANGALORE-560 005.
2
(SREEVASTA ASSTS FOR R-3 -ABSENT)
THIS R.F.A IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 04.01.2013 PASSED IN O.S.NO.10833/1987 ON THE FILE OF THE 26TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BANGALORE, DISMISSING THE SUIT FOR CLOSING THE MORTGAGE.
THIS R.F.A. COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERY THE FOLLOWING:
JUDGMENT
Vide order dated 23.10.2021 it is directed that "in case of non-compliance of the office objections before the closure of the office hours on 28.10.2021, the appeal shall stand dismissed for default".
The appellant has failed to comply the order dated 23.10.2021.
3
In view of the peremptory order dated 23.10.2021 the appeal is hereby dismissed for default.
Sd/JUDGE
hd
1 issue framed by the court
Whether the appeal under section 96 CPC should be dismissed for default due to non-compliance with the order dated 23.10.2021.
1 provisions across 1 enactments
SMT. VENKATAMMA W/O. LATE THIPPAIAH
PALANIVELU
SRI. MUTHUSWAMY S/O. LATE T. KRISHNAPPA MAJOR
SRI. KANNAN S/O. LATE T. KRISHNAPPA MAJOR
N.K. SUDHINDRARAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
