Regular first appeal dismissed for non-compliance of office objections and non-prosecution. Ordered recovery of unpaid court costs by Legal Services Committee.
Regular first appeal dismissed for non-prosecution; unserved court costs directed to be recovered.
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RFA No. 1893 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 1893 OF 2019 (POS)
BETWEEN:
Smt. Gulabi Aged About 50 Years, W/O Ravi, Door No.5-105, Padushedde Village Post: Bondel - 575 008 Mangaluru, D.K.District
…Appellant
(By Sri. Sangamesh, for Sri. Chandranath Ariga K., Advocate) And:
Digitally signed by BANGALORE MADHAVACHAR VEENA Location: High Court of Karnataka
Sri Uggappa Shetty Aged about 78 years, S/O. Late. K. Narayana Shetty, ”Aachemane” House, Marakada Village, Post: Kumjathbail - 575 015, Mangaluru, D.K. District. …Respondent
(By Sri. Sachin B S.,Advocate)
This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908, praying to call for the records in O.S.No.83/2015 on the file of the III Addl.Senior Civil Judge and JMFC at Mangaluru; set aside the judgment and decree dated 24.04.2019 passed by the III Addl.Senior Civil Judge and
RFA No. 1893 of 2019
JMFC at Mangaluru, in O.S.No.83/2015; dismiss the suit in O.S.No.83/2015 on the file of the III Addl. Senior Civil Judge and JMFC at Mangaluru; and allow this appeal and grant such other reliefs as this Court deem fit to grant in the interest of justice and equity.
This Regular First Appeal coming on for Orders through Physical Hearing/Video Conferencing, this day, the Court made the following:
O R D E R
Learned counsel for the appellant, who is physically present in the Court, submits that despite his best efforts and communication with the appellant, the appellant is not properly assisting him in complying the office objections, including the payment of deficit Court fee. With this, he pleads his helplessness to comply the office objections.
in this appeal of the year 2019, sufficient opportunities have already been granted to the appellant to comply the office objections. On 16.04.2021, this Court while granting further time to comply the office objections, had directed the learned counsel for the appellant to file an affidavit explaining the reasons for non-compliance with specific reference to the office objections, from the date of
RFA No. 1893 of 2019
raising of office objections, till the expiry of further time that was granted on the said day. Despite the same, neither the learned counsel for the appellant has filed the affidavit nor the appellant is evincing any interest in complying the office objections, in which regard, learned counsel for the appellant has pleaded his helplessness in the matter. As such, I do not find any reason to grant further time in this appeal of the year 2019.
Hence, the Appeal stands dismissed for
non-compliance of office objections, as well as for non-prosecution.
That the cost of a sum of `500/- ordered on the date 22-05-2023 since has not been paid, the beneficiary of the
said cost which is the Legal Services Committee of this Court is entitled to recover the said amount by treating the order dated 22-05-2023 and today’s order as a decree and as arrears of land revenue, in accordance with law.
Registry to transmit a copy of the order dated 22-05-2023 as well as today’s order to the said
RFA No. 1893 of 2019
beneficiary, i.e. the Legal Services Committee of this Court, for their needful.
Sd/JUDGE
BMV* List No.: 1 Sl No.: 12
Smt. Gulabi
Sri Uggappa Shetty
H.B. Prabhabakara Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
