High Court dismissed a Regular Second Appeal due to non-compliance with office objections by the Appellant, resulting in the appeal standing for non-prosection.
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 24TH DAY OF FEBRUARY 2022
BEFORE
THE HON' BLE MR. JUSTICE N.S.SANJAY GOWDA
REGULAR SECOND APPEAL NO. 2019 OF 2018
BETWEEN
SRI MANJAPPA
S/O SOORANAGIBHAIRAPPA
AGED ABOUT 56 YEARS
R/AT SOORANAGI VILLAGE
JADE HOBLI, SORABA TALUK,
SHIVAMOGGA DISTRICT-577419
... APPELLANT/S
(By Sri. :RAGHAVENDRA.B.HANJER, MURALIMOHAN.C, ADVOCATES)
AND
S/O RAMASWAMI
AGED ABOUT60 YEARS
R/AT SOORANAGI VILLAGE JADE HOBLI, SORABA TALUK SHIVAMOGGA DISTRICT-577419
S/O RAMASWAMI
SINCE DECEASED BY HIS LRS
…2
2
RSA NO.2019/2018
2 a) SRI VARADARAJ
S/O G KANDASWAMI
AGED ABOUT 40 YEARS,
AGED ABOUT 36 YEARS
2 (a) TO 2 (c) AND 3 ARE RESIDENTS OF KARUMUDAI VILLAGE METUPALYAM TALUK KOYAMUTTURU DISTRICT TAMILNADU STATE.
... RESPONDENTS
RSA FILED UNDER SECTION 100 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DTD 01.06.2018 PASSED IN RA.NO.29/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., SORABA DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.02.2015 PASSED IN OS.NO.01/2007 ON THE FILE OF THE CIVIL JUDGE AND JMFC., SORAB.
…3
3
RSA NO.2019/2018
This Regular Second Appeal coming on for Orders, this day the
Court made the following Order.
ORDER
As a last chance, two weeks time is finally granted to comply with the office objections.
It is made clear that if the office objections are not complied with, this appeal shall stand automatically dismissed for nonprosecution without reference to any further orders from this Court.
The Office is directed to ensure that the papers are furnished to
the Counsel as and when they approach them, without giving any cause for complaints.
Sd/JUDGE
NOTE : Vide Court Order dated 24.02.2022, office objections are not complied with, hence appeal shall stand for non- prosecution dismissed.
COPY
Sd/ASSISTANT REGISTRAR
T By : PH R By : CMS C By : RG Ty Dt :31.01.2023 C.Dt : 03.02.2023
SRI MANJAPPA
SRI G KRISHNASWAMI
SRI G KANDASWAMI (By LRS)
SRI VARADARAJ
SRI CHALUVARAJ
SMT SHARADAMMA
N.S. SANJAY GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
