The High Court of Karnataka treated the regular second appeal as inadmissible for failing to comply with office objections within three weeks. The appeal was dismissed for non-prosecution without reference to the Bench.
Appeal dismissed for non-prosecution due to non-compliance with office objections.
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 25TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON' BLE MR. JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL NO. 461 OF 2019
BETWEEN
W/O LATE M S MAHESH, AGED ABOUT 62 YEARS,
... APPELLANT/S
(By Sri: C M VENKATA REDDY ADVOCATE)
AND
…2
2
RSA NO.461/2019
24TH WEST OF CORD ROAD, 40TH CROSS, III BLOCK, BASAVESHWARASNAGAR, BENGALURU.
2 SUBRAMANYA I S S/O SHANKAR BHAT, AGED ABOUT 64 YEARS, R/AT KAMPALAPURA (V) PERIYAPATNA TALUK.
S/O SRINIVASAIAH, AGED ABOUT 58 YEARS, R/AT PROP. HOTEL ABIRUCHI, RAMANUJA ROAD, NEAR J S S HOSPITAL, MYSURU.
…RESPONDENT/S
REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.11.2018 PASSED IN RA NO 1/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 20.10.2016 PASSED IN OS NO. 236/2009 ON THE FILE OF THE CIVIL JUDGE AND JMFC, PERIYAPATNA.
…3
3
RSA NO.461/2019
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 for non-prosecution without reference to Bench.
Sd/- JUDGE
NOTE : Vide Court Order dated 25.09.2021, office objections
are not complied with, hence appeal shall stand dismissed.
COPY
Sd/I/C ASSISTANT REGISTRAR
T By: PH R By: HKV C By: BSL
Ty Date: 12.09.2022 C Date: 13.09.2022
1 issue framed by the court
Whether the appeal shall be dismissed for non-prosecution due to non-compliance with office objections.
1 provisions across 1 enactments
JAYAMMA W/O LATE M S MAHESH
GIRISH K M S/O LATE M S MAHESH
ANITH K M W/O LATE M S MAHESH
VANAJAKSHI W/O LATE ANANTHAIAH
SUBRAMANYA I S S/O SHANKAR BHAT
SATHISHA S/O SRINIVASAIAH
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
