Dismissed

Sri.Raghavendra S/O Venkatraman Gunga v. Smt.Saroja W/O Laxman Gunga

Karnataka HC29 Oct 2022RSA/100713/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka at Dharwad Bench dismissed a Regular Second Appeal for non-prosecution. The court noted the appeal was filed in 2019, listed twice without representation, and remained unchallenged for three years. The court held the appeal attributable to non-compliance of office objections.

What did the court decide?

The Regular Second Appeal No.100713 of 2019 is dismissed for non-compliance of office objection and non-prosecution.

Sri.Raghavendra S/O Venkatraman Gunga Vs… — Civil Procedure and Limitation | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 29^TH DAY OF OCTOBER, 2022

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BEFORE

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THE HON’BLE MS. JUSTICE JYOTI MULIMANI

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REGULAR SECOND APPEAL NO.100713 OF 2019 (PAR)

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BETWEEN:

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SRI.RAGHAVENDRA S/O VENKATRAMAN GUNGA AGE: 37 YEARS, OCC: AGRICULTURIST, R/O: TENKANKERI, TAL: ANKOLA, UTTARA KANNADA.

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SANTOSH S/O VENKATRAMAN GUNGA AGE: 38 YEARS, OCC: AGRICULTURIST, R/O: TENKANKERI, TQ: ANKOLA, UTTARA KANNADA.

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SMT.LATA D/O VENKATRAMAN GUNGA AGE: 37 YEARS, OCC: HOUSEHOLD, R/O: TENKANKERI, TQ: ANKOLA, UTTARA KANNADA.

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SMT.MANJULA D/O VENKATRAMAN GUNGA AGE: 56 YEARS, OCC: HOUSEHOLD, R/O: TENKANKERI, TQ: ANKOLA, UTTAR KANNADA.

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SMT.KALPANA D/O SHRINIVAS GUNGA AGE: 45 YEARS, OCC: HOUSEHOLD, R/O: TENKANKERI, TQ: ANKOLA, UTTAR KANNADA.

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MISS.AISHWARYA D/O VINAYAK GUNGA AGE: 18 YEARS OCC: STUDENT, R/O: TENKANKERI, TQ: ANKOLA, UTTAR KANNADA.

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MISS.SOUNDARYA D/O VINAYAK GUNGA AGE: 16 YEARS, OCC: STUDENT, BEING MINOR REPRESENTED BY SANTOSH S/O VENKATRAMAN GUNGA, AGE: 38 YEARS, OCC: AGRICULTURIST, R/O: TENKANKERI, TQ: ANKOLA, UTTAR KANNADA.

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...APPELLANTS

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(BY SRI. MANJUNATH A. KARIGANNAVAR, ADVOCATE (ABSENT) )

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AND:

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SMT.SAROJA W/O LAXMAN GUNGA AGE: 44 YEARS, OCC: HOUSEHOLD, R/O: TENKANKERI,TQ: ANKOLA, UTTARA KANNADA.

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SMT. BHARATHI KOM NARAYAN GUNGA AGE: 40 YEARS, OCC: HOUSEHOLD, R/O: TENKANKERI, TQ: ANKOLA, UTTARA KANNADA.

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SMT.TARA W/O RAMAKRISHNA GUNGA AGE: 70 YEARS, OCC: HOUSEHOLD, R/O: TENKANKERI, TQ: ANKOLA, UTTARA KANNADA. … RESPONDENTS

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 21.12.2018, IN R.A.NO.7/2018, PASSED BY THE SENIOR CIVIL JUDGE, ANKOLA AND JUDGMENT AND DECREE DATED 23.03.2018, PASSED BY THE CIVIL JUDGE, ANKOLA, IN O.S.NO.64/2014, ETC.,.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:

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JUDGMENT

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Though matter called twice, there is no representation on behalf of appellant.

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The appeal is listed today for orders regarding noncompliance of office objections.

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As could be seen from the appeal papers, the appeal is filed on 23.09.2019. Now we are in the month of October 2022. It’s been three years since the date of filing of the appeal, so far office objections are not complied with.

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It appears that the appellant has not instructed the counsel on record to comply office objections and as already noted above, though matter called twice, there is no representation on behalf of appellant. Hence, the Regular Second Appeal is dismissed for non-compliance of office objection and also for non-prosecution.

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Sd/JUDGE

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MRK

Sri.Raghavendra S/O Venkatraman Gunga v. Smt.Saroja W/O Laxman Gunga

Case brief

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Sri.Raghavendra S/O Venkatraman Gunga v. Smt.Saroja W/O Laxman Gunga

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