In a recall filed under the CPC against a success certificate decree, the High Court dismissed the appeals for non-compliance of office objections and failure to pay costs, despite multiple opportunities granted over several years.
Appeal dismissed for non-compliance; beneficiary granted liberty to enforce cost order as a civil decree.
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 16TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
R.F.A.No.2005 OF 2018
BETWEEN:
R.CHAYADEVI
W/O LATE SHRI R.RAJARAM AGED ABOUT 73 YEARS R/AT NO.201, A BLOCK, SKANDA ENCLAVE, 7TH MAIN, 6TH CROSS, BSK 3RD STAGE, RAJEEV NAGAR, BENGALURU-560 086 ..APPELLANT
(BY SRI.G.B.SHARATH GOWDA & SRI.A.DHARMESH, ADVOCATES)
AND:
RFA No. 2005/2018
2
THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 26.06.2018 PASSED IN O.S.NO.7229/2017, ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO.25), DECREEING THE SUIT FOR SUCCESSION CERTIFICATE.
RFA No. 2005/2018
3
This R.F.A. coming on for Orders, through Physical Hearing/Video Conferencing Hearing, this day, the Court made the following :
O R D E R
Learned counsel for the appellant appearing through video conference submits that since the appellant is not in touch with her and not giving any instructions, she is unable to proceed further in the matter and unable to comply the office objections also.
RFA No. 2005/2018
4
However, the beneficiary of the cost i.e., the
Karnataka Advocates Clerks' Benevolent Trust, High Court Buildings, Bengaluru is at liberty to enforce the said order dated 20.04.2021 as a civil decree for its execution in the manner known to law before the competent Court.
Registry to transmit a copy of this order to the Karnataka Advocates Clerks' Benevolent Trust, High Court Buildings, Bengaluru, forthwith for its information.
Sd/JUDGE
MBB
1 issue framed by the court
Whether the appeal must be dismissed for non-compliance of office objections and refusal to incur costs despite repeated opportunities.
1 provisions across 1 enactments
R. Chayadevi
1. Smt. Padma Kishore
2. Smt. Madhu Manoj
3. The Branch Manager State Bank of India Isro Layout Branch
4. Sri. Vishal Kishore
H.B. Prabhakara Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
