A regular second appeal filed under Section 100 of CPC was dismissed for non-compliance of office objections despite a prior peremptory order granting time to cure the defect.
The regular second appeal was 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 07TH DAY OF DECEMBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.100281 OF 2019 (DEC/INJ)
BETWEEN:
BASAVARAJ S/O VEERAPPA UNKAL, AGE: 59 YEARS, OCC: BUSINESS, R/O KILLA, DURGADABAIL, KASABAPET, OLD HUBLI, HUBBALLI. …APPELLANT
(BY SRI.GANESH RAIBAGI., ADVOCATE)
AND:
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 30.10.2018 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT
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HUBBALLI IN R.A.NO.41/2015 AND CONFIRMING THE JUDGMENT AND DECREE PASSED IN O.S.NO.151/2014 DATED 29.01.2015 PASSED BY THE III ADDL. SENIOR CIVIL JUDGE, HUBBALLI.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
As could be seen from the daily order sheet, the
appeal was listed on 25.11.2022. On that day, at request on behalf of learned counsel for appellant, finally a week’s time was granted to comply office objections failing which, the appeal was ordered to be listed for dismissal on 07.12.2022.
The appeal is listed today. So far office objections are not complied with.
In view of earlier peremptory order dated:25.11.2022, the Regular Second appeal is
dismissed for non-compliance of office objections .
Sd/JUDGE
TKN
Basavaraj S/o Veerappa Unkal
Smt Manjavva
Smt Chennamma W/o Mallanagouda Mundawadad
Sri Prabhu S/o Yallappa Hirekerur
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
