The High Court of Karnataka heard a regular first appeal filed under Section 96 of the CPC. The court imposed a one-week compliance deadline for office objections and costs, granting a final extension to the tenth day before dismissing the appeal for non-prosecution.
Appeal dismissed for non-compliance of office objections with effect from the eleventh day.
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 22ND DAY OF DECEMBER, 2021
BEFORE
THE HON' BLE DR. JUSTICE H.B. PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 1782 OF 2014
BETWEEN
S/O. PURANJAYAN, AGED ABOUT 44 YEARS, RESIDING AT NO. 478, 13TH CROSS, 9TH MAIN, VYALIKAVAL, BANGALORE
2 . P.KEERTHI KUMAR S/O PURANJAYAN, AGED ABOUT 40 YEARS, RESIDING AT NO.46, (OLD NO. 42/1) 3RD CROSS, SUDINDRA NAGAR, S.P EXTENSION, MALLESWARAM, BANGALORE ...Appellants
(By Sriyuths: N.B. NIJALINGAPPA & K.C. THIMMAIAH, Advocates)
AND
S/O LATE L. SHANMUGHAM, AGED ABOUT 75 YEARS, RESIDING AT NO. 46, (OLD NO. 42/1) 3RD CROSS, SUDINDRA NAGAR, S.P EXTENSION,
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MALLESWARAM, BANGALORE
2 . SECRETARY THE GRAIN MERCHANTS CO-OPERATIVE BANK LTD, PAMPA MAHAKAVI ROAD, CHAMRAJPET, BANGALORE
3 . DIVYA NATH PATEL S/O RAMESH B. PATEL, RESIDING AT # 201, 8TH MAIN, 6TH CROSS, R.M.V. EXTENSION, BANGALORE
4 . RACHANA PATEL D/O DIVYA NATH PATEL, RESIDING AT # 201, 8TH MAIN, 6TH CROSS, R.M.V. EXTENSION, BANGALORE
5 . P. BALAJI BABU S/O P. VENKATACHALAPATHY, AGED ABOUT 50 YEARS, RESIDING AT NO.9, 2ND MAIN, MALLESWARAM, BANGALORE
6 . THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES AND RECOVERY OFFICER, KARNATAKA STATE CO-OPERATIVE URBAN BANKS FEDERATION, K.H ROAD, BANGALORE …Respondents
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This Regular First Appeal filed U/s 96 R/w Order 41 Rule 1 of Code of Civil Procedure, against the Judgment and Decree dated: 05.09.2014 passed in O.S. No. 3988/2004 on the file of the XLIII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU, (CCH-44) Partly decreeing the suit for partition.
This Regular First Appeal is coming on for Orders this day, the Court made the following:
ORDER
Learned counsel for the appellants is physically present and submits that the cost imposed as per order dated 16.12.2021 has been paid by him on 20.12.2021.
Registry to verify the same.
Learned counsel for the appellants prays for further adjournment in this matter for compliance of office objections.
A perusal of the order sheet would go to show that in this appeal of the year 2014, for seven years, the appellants have not complied the simple office objections including filing of typed
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copy of decree, spelling the name of respondent No.3 correctly and mentioning the executant’s name in block letters below the signature in Vakalath. It is really surprising to note that for these kind of small compliance of office objections also, the appellants are taking seven years plus time. As such, though the appeal could have been dismissed for non-compliance of office objections, however, considering the request made today and the nature of appeal, by imposing cost of Rs.1,000/- payable by the appellants to the Legal Services Committee of this Court within a week from today and filing a compliance memo along with receipt in the Registry within the said period, as an ultimate chance, ten days time is granted to comply the office objections.
It is made clear that non-deposit of cost and noncompliance of office objections in total, within ten days from today would automatically result in dismissal of the appeal for non-compliance of office objections, with effect from eleventh day from today, without any further orders by this Court.
Sd/JUDGE
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NOTE: Vide Court Order dtd. 22.12.2021, Office objections are not complied with. Hence Appeal stands dismissed for nonprosecution, with effect from eleventh day from today, without any further orders by this court.
T By: MP COPY R By: YS C By: DS Sd/ASSISTANT REGISTRAR
Mr. P. Kiran Kumar
P. Keerthi Kumar
S. Puranjayan
Secretary The Grain Merchants Co-Operative Bank Ltd
Divya Nath Patel
Rachana Patel
H.B. Prabhakar Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
