The regular first appeal was dismissed for the appellant's failure to comply with office objections despite numerous opportunities provided over five years.
Appeal dismissed for non-compliance of office objections; costs of ₹500 awarded.
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. 499 OF 2016
BETWEEN:
SRI R. SHEKAR, S/O LATE RAJU, AGED ABOUT 55 YEARS, R/O IN A PORTION OF PROPERTY BEARING NO.69, BYAPPANAHALLI, NAGAIANA PALYA, BANGALORE-560 036.
...APPELLANT
(BY SRI R.A.DEVANAND., ADVOCATE)
AND:
RFA No. 499/2016
2
ALL ARE R/O NO.69/A, NAGAYYANA PALYA, MANAVARATHE KAVAL, K.R.PURAM HOBLI, BANGALORE EAST TALUK.
..RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 08.12.2015 PASSED IN O.S.NO.10541/2006 ON THE FILE OF XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION, ETC.,
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 is physically present in the Court and submits that in view of the non cooperation of the appellant, he could not comply the office objections, even though the Court has granted several and sufficient opportunities to him.
RFA No. 499/2016
3
nine times have been given and the learned counsel for the appellant fairly submits his inability to comply with the office objections, as such, the appeal stands dismissed for non-compliance of office objections.
The cost of `500/- ordered by this Court on 10-12-2021 payable to the Legal Services Committee of this Court can be recovered by the said Committee as a civil decree for its execution in the manner known to law.
Registry to transmit a copy of this order to the Legal Services Committee of this Court immediately for its information and free of cost.
MBB
Sd/JUDGE
1 issue framed by the court
Whether the appeal can be dismissed due to non-compliance of office objections by the appellant despite multiple opportunities?
SRI R. SHEKAR
SRI D. CHRISTOPHER
SRI D. ANTHONY
SRI MANOJ KUMAR
H.B. PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
