Disposed

Sri. H. L. Srinivas Gupta v. Smt. H. N. Deepthi

Karnataka HC15 Dec 2021RFA/702/2017

Case brief

AI extract

What is this about?

In a first appeal filed under Section 96 of CPC, 1908, the Court granted a final week’s extension for the appellant to comply with office objections. The judgment specified that failure to comply by the deadline would result in the appeal being dismissed without further orders.

What did the court decide?

Time of one week granted to comply office objections on payment of Rs. 1000/-, with notice of dismissal if not complied.

Sri. H. L. Srinivas Gupta Vs Smt. H. N… — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF DECEMBER, 2021

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BEFORE

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THE HON’BLE DR. JUSTICE H.B. PRABHAKARA SASTRY

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REGULAR FIRST APPEAL NO. 702 OF 2017

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APPELLANT/S

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SRI. H.L. SRINIVAS GUPTA S/O M. LAKSHMIPATHY SHETTY AGED ABOUT 77 YEARS MERCHANT MAIN ROAD HIRIYUR TOWN HIRIYUR.

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(BY SRIYUTHS: HARSHA D. JOSHI, SUHAS T.L., AND RAMANJANEYA V., Advocates )

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-V/S-

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RESPONDENT/S

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SMT. H. N. DEEPTHI W/O. M.A. VIJAYAKUMAR, AGED ABOUT 35 YEARS,

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SMT. R. SEETHALAKSHMI W/O. H.L. NAGARAJ, AGED ABOUT 62 YEARS,

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SRI. H. N. PRADEEP S/O. H. L. NAGARAJ, AGED ABOUT 33 YEARS,

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SRI. GOVINDARAJA GUPTA S/O. M. LAKHMIPARTHI SHETTY, AGED ABOUT 69 YEARS,

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RFA. No. 702/2017 2

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--------------------------RESPONDENTS 1 TO 4 ARE RESIDING AT NO.1097, VISHRUTH, II FLOOR, 15TH CROSS, 14TH MAIN, "B" SECTOR, YELAHANKA NEW TOWN, BANGALORE.

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SMT. GOWRAMMA W/O. NARAYANAPPA, AGED MAJOR, RESIDENT OF NAGARANAYAKANAHALLI, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE.

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SMT. BHARATHI W/O. LATE H.L. SRIDHARA GUPTA, AGED ABOUT 65 YEARS,

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SMT. SRIDEVI D/O. LATE H. L. SRIDHARA GUPTA, AGED ABOUT 37 YEARS,

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SRI. CHETHAN S/O. LATE H. L. SRIDHARA GUPTA, AGED ABOUT 33 YEARS,

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RESPONDENTS 6 TO 8 ARE RESIDING AT SRIDEVI STORES, GUPTA BUILDINGS, GANDHI CIRCLE, HIRIYUR TOWN, HIRIYUR.

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SRI. H. L. NAGARAJ S/O. M. LAKSHMIPATHY SHETTY, AGED ABOUT 67 YEARS, SRIDEVI STORES, GUPTA BUILDINGS, HULIYAR ROAD, HIRIYUR TOWN, HIRIYUR.

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RFA. No. 702/2017 3

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--------------------------ALSO AT:

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NO.1097, VISHRUTH, II FLOOR, 15TH CROSS, 14TH MAIN, "B" SECTOR, YELAHANKA NEW TOWN, BANGALORE.

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SMT. LALITHAMMA W/O. H.S. GANGADHARA SHETTY, AGED ABOUT 80 YEARS, PAVAN STORES, SELLERS OF BOOKS & STATIONARY, SHIMOGA ROAD, HARIHARA, DAVANAGERE DISTRICT.

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SMT. SHASHIREKHA W/O. LAKSHMIPATHY, AGED ABOUT 60 YEARS, GENERAL MERCHANT & LANDLORD, KANDIKERE, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT.

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SMT. SWARANAMBA W/O. LATE ANANTHAPADMANABHA SHETTY, AGED ABOUT 68 YEARS,

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SRI. JANARDHANA S/O. LATE ANANTHAPADMANABHA SHETTY, AGED ABOUT 48 YEARS,

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SRI. RAMESH S/O. LATE ANANTHAPADMANABHA SHETTY, AGED ABOUT 44 YEARS,

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RESPONDENTS 12 TO 14 ARE RESIDING AT NO.23, 7TH MAIN, NEAR YOGESHWARA APARTMENTS, HOSKEREHALLI, BANGALORE.

RFA. No. 702/2017

This Regular First Appeal filed Under Section 96 of CPC., 1908 against the Judgment and Decree dated 22.02.2016 passed in O.S. 103/2016, on the file of the II Additional Senior Civil Judge, Bengaluru Rural District, decreeing the suit in terms of compromise.

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This Regular First Appeal is coming on for orders this day, the Court made the following:

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O R D E R

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Learned counsel for appellant once again prays for a week’s time.

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Perusal of the order sheet would go to show, in this appeal of the year 2017, inspite of granting several and sufficient opportunities of not less than five times, office objections are not complied. Inspite of the same, learned counsel for appellant seeks some more time to comply the office objections and the same would be only on cost of Rs. 1,000/- payable by the appellant to the Legal Services Committee of this Court, within three days from today and

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RFA. No. 702/2017

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--------------------------filing a compliance memo along with receipt in the registry within the said time. It is ordered accordingly.

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As a final last opportunity, a week’s time is granted, making it clear that, in case office objections are not complied before 22^nd of this month, appeal on its own stands dismissed for non-compliance of office objections with effect from 23.12.2021, without any further order of this court.

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Sd/JUDGE

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NOTE: Vide Court Order dt. 15.12.2021, Office objections are not complied with. Hence Appeal stands dismissed.

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COPY

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Sd/ASSISTANT REGISTRAR

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T By: UN

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R By: YS C By: JS

Sri. H. L. Srinivas Gupta v. Smt. H. N. Deepthi

Case brief

What is this about?

What did the court decide?

Sri. H. L. Srinivas Gupta v. Smt. H. N. Deepthi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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