The Karnatka High Court dismissed a regular second appeal under Section 100 CPC for non-compliance of office objections. The court noted that over four years had elapsed since filing without compliance, leading to the order.
The Regular Second Appeal No.100235 of 2018 is dismissed for non-compliance of 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.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 05TH DAY OF DECEMBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.100235 OF 2018
BETWEEN:
(BY SRI.H.M.DHARIGOND., ADVOCATE)
AND:
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AGE: MAJOR, OCC: AGRICULTURE, R/O: BARAGUR, TALUK: GANGAVATHI, DISTRICT: KOPPAL.
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AGE: MAJOR, OCC: AGRICULTURE, R/O: SRIRAMNAGAR, TALUK: GANGAVATHI, DISTRICT: KOPPAL.
…RESPONDENTS
(BY SRI.M.S.KUNKOOR, ADVCATE COR C/R10)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 30.01.2018 PASSED IN R.A.NO. 08/2017 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC GANGAVATHI AND THE JUDGMENT AND DECREE PASSED IN O.S.NO. 266/2008 DATED 26.11.2016 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC GANGAVATHI.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The appeal is listed today for orders regarding noncompliance of office objections for sixth time.
As could be seen from the appeal papers, the appeal is filed on 27.03.2018. Now we are almost completing the year 2022. It’s been four years. So far office objections are not complied with. Hence, the Regular Second Appeal is dismissed for non-compliance of office objections.
Sd/JUDGE
TKN
1 issue framed by the court
Whether the second appeal should be dismissed for non-compliance of office objections after four years.
Sri Kenchappa S/O Narasappa
Sri Yamanoorappa S/O Late Mariyappa
Sri.Ambanna S/O Hennurappa
Smt.Sharanamma W/O Ambanna
Smt. Pakeeramma D/O Earappa
Sri.K.Vijayalakshmi W/O Harish
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
