Facing failure to comply with a previous order by payment of costs, the court granted one final week for compliance; failure to pay leads to automatic dismissal of the miscellaneous appeal without reference to the bench.
One week was granted to comply with office objections and payment of cost of Rs. 2,500/- to Karnataka State Legal Service Authority.
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 08TH DAY OF DECEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE RAVI V HOSMANI
MISCELLANEOUS FIRST APPEAL NO.2884 OF 2022
BETWEEN
SMT. SHANTA BAI W/O. LATE MEGHRAJ AGED ABOUT 83 YEARS R/AT NO.188, AKKIPET MAIN ROAD BANGALORE-560053.
REP. BY HER GPA HOLDER SHRI NEMICHAND JAIN AGED ABOUT 60 YEARS S/O LATE MEGHRAJ R/AT NO.6 ‘ASHIRVAD’ OBBEYA LANE COTTONPET CROSS BANGALORE-560053.
...Appellant
(By Sriyuths. V. VISWANATH SHETTY, NAGARAJA K.R and M. MADHUSUDAN, Advocates)
AND
MFA.No.2884/2022
2
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------------------------RESPONDENT NO.4 TO 10 ARE R/AT KEMPANAYAKANAHALLI VILLAGE BANNERGHATTA POST JIGANI HOBLI ANEKAL TALUK BANGALORE DISTRICT.
MFA.No.2884/2022 4
MFA.No.2884/2022 5
RESPT. NO.25 & 26 ARE R/AT NO.25, BYRASANDRA BHOVI COLONY JAYANAGAR 1ST BLOCK EAST BANGALORE.
RESPT. NO.27 AND 28 ARE R/AT NO.24, 2ND CROSS BYRASANDRA JAYANAGAR 1ST BLOCK EAST BANGALORE.
……..Respondents
This Miscellaneous First Appeal filed U/O 43 Rule 1(r) of CPC, against the order dated 03.01.2022 passed on I.A No. 1 in O.S.No.529/2013 on the file of the PRINCIPAL SENIOR CIVIL JUDGE, JMFC, ANEKAL, dismissing I.A. No.1 filed under order 39 Rule 1 and 2 of CPC.
This Miscellaneous First Appeal is coming on for Orders this
day, the Court made the following:
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ORDER
On 29.11.2022, finally, one week’s time was granted for compliance, failing which, matter was ordered to be listed for dismissal and it is listed for said purpose, today.
Learned counsel for appellant seeks further time.
Further time of one week is granted to comply with office objections on payment of cost of Rs.2,500/- to Karnataka State Legal Service Authority, within a week. In case, office objections are not complied and if cost is not paid within a week, appeal shall stand dismissed without reference to Bench.
Sd/JUDGE
NOTE: Court Order dated 08.12.2022 not complied with. Hence Appeal stands dismissed.
COPY
Sd/-
ASSISTANT REGISTRAR T By : BR R By : RM C By : STE
SMT. SHANTA BAI W/O. LATE MEGHRAJ
SRI. S.R. MUNIYAPPA S/O. RAMAIAH
RAVI V HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
