The High Court of Karnataka granted time to comply with office objections for dismissing a regular second appeal. The matter was disposed via a note stating the appeal stood dismissed due to non-compliance.
Three weeks time granted to comply with office objections; subsequently, the appeal stood dismissed for non-compliance.
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 15TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON' BLE MR. JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL NO.220 OF 2019
BETWEEN
D/O SHIVANNA AGED ABOUT 32 YEARS NO.1566, SOPPINAKERI, 4TH CROSS, MANDI MOHALLA MYSURU 570001.
D/O SHIVANNA AGED ABOUT 30 YEARS NO.1566, SOPPINAKERI, 4TH CROSS, MANDI MOHALLA, MYSURU 570001.
S/O SHIVANNA AGED ABOUT 25 YEARS NO.1566, SOPPINAKERI, 4TH CROSS, MANDI MOHALLA, MYSURU 570001 …APPELLANT/S
2
RSA NO. 1046/2019
(BY SRI/SMT: V.MANJUNATH PRASAD, ADVOCATE)
AND
S/O LATE SIDDEGOWDA
AGED ABOUT 70 YEARS
R/AT KEMPEGOWDANAHUNDI VILLAGE VARAKODU DHAKLE, VARUNA HOBLI, MYSURU 570 010.
S/O LATE NAGANNA
4. NAGAMMA
W/O LATE SHIVANNA
AGED ABOUT 47 YEARS
R/AT NO.1566, SOPPINAKERI
4TH CROSS, MANDI MOHALLA MYSURU 570 001.
S/O LATE NAGANNA
AGED ABOUT 46 YEARS
R/AT KEMPEGOWDANAHUNDI
3
RSA NO. 1046/2019
VILLAGE, VARAKODU DHAKLE
VARUNA HOBLI,
MYSURU 570 010.
6. MANOHARADAPA
S/O LATE SUBBAIAH ADAPA
MAJOR
R/AT GOLLARA BETTY
HOUSE NO.146, AKASH BHAVAN,
KAVOOR,
MANGALURU 575016.
7. SHIVARAMU
S/O CHIKKATHAMMEGOWDA
MAJOR
R/AT KEMPEGOWDANAHUNDI VILLAGE, VARAKODU DHAKLE VARUNA HOBLI,
MYSURU 570010.
8. LAKSHMI
W/O SHIVANANJEGOWDA
MAJOR
R/AT KEMPEGOWDANAHUNDI VILLAGE, VARAKODU DHAKLE VARUNA HOBLI, MYSURU 570 010.
…4
RSA NO. 1046/2019
4
9. R. VEERESH
S/O R.S. RAJASHEKAR
MAJOR
R/AT NO.50, "SRIGANDHA", I MAIN, "A" BLOCK, J.P. NAGAR, MYSURU 570008.
…RESPONDENT/S
REGULAR SECOND APPEAL FILED UNDER SECTION 100 R/W. ORDER XLII RULE 2 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 16.07.2018 PASSED IN R.A.NO.910/2016 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT MYSURU DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 14.09.2016 PASSED IN OS NO.1673/2007 ON THE FILE OF THE CIVIL JUDGE AND CJM., MYSURU.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order:-
ORDER
Three weeks time is granted to comply with the office objections, failing which the appeal shall stand dismissed without reference to the Bench.
Sd/- JUDGE
…5
RSA NO. 1046/2019
5
NOTE : Vide Court Order dated 15.09.2021, office objections are not complied with, hence appeal shall stand dismissed.
COPY
Sd/I/C ASSISTANT REGISTRAR
T By: SV R By: PH C By: HKV SO : DS Ty Date: 10.08.2022 C Date: 10.08.2022
1 issue framed by the court
Whether the appeal can be dismissed for failure to comply with office objections within the granted time.
2 provisions across 1 enactments
LAKSHMI D/O SHIVANNA
SHILPA D/O SHIVANNA
RAVI S/O SHIVANNA
NAGANNA (DEAD)
CHIKKAMARAMMA @ CHIKKAMMA
SHIVANNA DEAD
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
