The High Court of Karnataka dismissed a regular first appeal concerning a suit for specific performance and injunction due to non-compliance with office objections regarding unpaid court fees. The judgment was delivered on non-prosecution.
The appeal was dismissed for non-prosecution due to non-payment of court fee.
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.
RFA No. 555 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA REGULAR FIRST APPEAL NO. 555 OF 2020 (SP/DE/IN)
BETWEEN:
ITS OFFICE AT RAMA BHAVAN COMPLEX,
3RD FLOOR, KODIALBAIL
MANGALORE 575003, REPRESENTED BY ITS PARTNERS.
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
AGED ABOUT 42 YEARS, S/O JOHN LAWERNCE CARDOZA, CARDOZA, PARAMESHWARINAGAR, 4TH CROSS, SURATHKAL, MANGALORE TALUK -575003.
S/O LATE S.J.B. D SOUZA, AGED ABOUT 51 YEARS, R/AT JESSVILL ALVASES ROAD KADRI, MANGALORE-575003.
…APPELLANTS
(BY SRI. AJITH A SHETTY.,ADVOCATE)
RFA No. 555 of 2020
AND:
RFA No. 555 of 2020
…RESPONDENTS
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.09.2019 PASSED IN
RFA No. 555 of 2020
OS NO.77/2011 ON THE FILE OF THE III ADDL.SENIOR CIVIL JUDGE AND ACJM., MANGALURU D.K. DECREEING THE SUIT FOR SPECIFIC PERFORMANCE, DECLARATION AND PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, P.S. DINESH KUMAR, J., DELIVERED THE FOLLOWING:
JUDGMENT
fourth time for non-compliance of office objections.
appellants submits that Court fee of about Rs.1,40,000/- is not paid.
Sd/JUDGE
Sd/JUDGE
AN/-
1 issue framed by the court
Whether the regular first appeal is to be disposed of on account of non-payment of court fee.
1 provisions across 1 enactments
M/S MARIAN INFRASTRUCTURE A PARTNERSHIP FIRM
NAVEEN CARDOZA
UJWAL D SOZA
MR VALERIAN RODRIGUES
MRS JANET RODRIGUES
M/S PREMIER HOMES A PARTNERSHIP FIRM
P.S.DINESH KUMAR
T.G. SHIVASHANKARE GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
