First appeal filed challenging a partition suit decree. Appellant sought further time to comply with office objections after two prior notices. Court dismissed appeal for non-compliance and granted enforcement of costs as civil decree.
Cost of Rs.500 to Karnataka Advocates Clerks Benevolent Trust; order executable as 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 30TH DAY OF NOVEMBER, 2021 BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL No.889 OF 2018
BETWEEN:
ALL ARE RESIDING AT BILUGUNDA VILLAGE, ARVATHOKLU POST, VIRAJPET TALUK-571 201.
... APPELLANTS
(BY SRI POONACHA.C.M., ADVOCATE)
AND:
RFA No. 889/2018
2
BAPUJI EXTENSION, KUSHALNAGAR-571 234. KODAGU DISTRICT.
…RESPONDENTS
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 12.12.2017 IN O.S.NO.43/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE, VIRAJPET, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND ETC.,
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
3
RFA No. 889/2018
ORDER
Learned counsel for the appellants appearing
through video conference once again prays for two weeks accommodation.
" Though the matter is listed for non-compliance of office objections for 3rd time, learned counsel for appellant seeks some more time to do the needful.
As a last chance, further time of two weeks' is granted to comply with office objections subject to payment of cost of Rs.500/to 'Karnataka Advocates Clerk's Benevolent Trust' within two weeks and acknowledgement to that effect be filed in the registry".
RFA No. 889/2018
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In spite of the above, the appellants have neither
paid the cost nor filed an acknowledgement in the registry and not even complied the office objections. As such, I do not find any ground to grant some more time to the appellants to comply the office objections.
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 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.
mbb
Sd/JUDGE
1 issue framed by the court
Whether the appeal should be allowed further time to comply with court objections despite prior notice.
MANDEDA.N.RABITHA AND ANS
SMT. M. AKHILA GANAPATHY
H.B. PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
