The High Court of Karnataka allowed the appellant four days to comply with office objections. The appeal was subsequently dismissed with effect from 02.06.2023 for non-compliance.
Four days time granted to comply with office objections; appeal dismissed for non-compliance.
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 26TH DAY OF MAY, 2023
BEFORE
THE HON’BLE DR. JUSTICE H.B. PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO.230 OF 2019
BETWEEN
SRI K H CHANDRASHEKAR SON OF LATE D HONNAIAH AGED ABOUT 48 YEARS, RESIDING AT NO.252/274, SY. NO.53/8 KAMAKSHIPALYA MAGADI MAIN ROAD, BANGALORE.
…..APPELLANT
(BY SHRIYUTHS. V.S. NARAYANA AND UMASHANKAR G.S. ADVOCATES)
AND:
SMT C K JAYAMMA WIFE OF LATE D HONNAIAH AGED ABOUT 77 YEARS, DECEASED BY LR’s.
1 . SRI K H SHIVANNA S/O LATE D HONNAIAH AGED ABOUT 58 YEARS, RESIDING AT NO.252/274 SY. NO.53/8, KAMAKSHIPALYA MAGADI MAIN ROAD, BANGALORE.
2
RFA.No.230/2019
RESIDING AT NO.92/A, II STAGE, IV BLOCK, SHARADA COLONY BASAVESHWARA NAGAR BANGALORE.
3 . SMT K H UMADEVI WIFE OF SRI S N SUNKEGOWDA AGED ABOUT 54 YEARS, RESIDING AT NO.223/232, SY. NO.53, KAMAKSHIPALYA MAGADI MAIN ROAD, BANGALORE.
3
RFA.No.230/2019
8 . MR S BHANUPRAKASH SON K H SHIVANNA AGED ABOUT 16 YEARS, SINCE MINOR REPRESENTED BY HIS FATHER AND A NATURAL GUARDIAN SRI K H SHIVANNA AGED ABOUT 58 YEARS, RESIDING AT NO.252/274, SY NO.53/8 KAMAKSHIPALYA MAGADI MAIN ROAD, BANGALORE.
10 . SRI NARENDRA KUMAR JAIN SON OF LATE OM PRAKASH JAIN AGED ABOUT 30 YEARS, RESIDING AT NO.53 7TH CROSS, VI BLOCK NAGARABHAVI II STAGE, BANGALORE. ..RESPONDENTS
This Regular First Appeal filed Under Sec. 96 of CPC, against the order dated 29.10.2018 passed in I.A.No.8 AND 10 on O.S.No.9084/2015 on the file of the X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, Allowing I.A.No.8 and 10 filed under Order VII Rule 11(a)(d) R/W Sec.151 of CPC, for rejection of plaint.
4
RFA.No.230/2019
This Regular First Appeal is coming on for Orders this day,
the Court made the following:
O R D E R
Learned counsel for the appellant who is physically present submits that he has paid the cost in the registry today and submits that inspite of his best effort and communication the appellant is not cooperating and furnishing the necessary documents to comply with office objections. With this he pleads his helplessness.
In light of the above, though the appeal could have been dismissed for noncompliance of office objections, however as an ultimate opportunity four days time is granted to comply with office objections, failing which, with effect from 02.06.2023 the appeal stands dismissed on its own for noncompliance of office objections without any further order by this court.
NOTE: Vide Court Order dt.26.05.2023 the Office Objections are not complied with. Hence Appeal stands dismissed, with effect from 02.06.2023.
COPY
Sd/ASSISTANT REGISTRAR T By: AR R By: YL C By: STE
1 issue framed by the court
Whether the appeal should be dismissed for non-compliance of office objections due to lack of cooperation by the appellant.
2 provisions across 1 enactments
SRI K H CHANDRASHEKAR
SMT C K JAYAMMA AND OTHERS
H.B. PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
