This regular second appeal, filed under Section 100 of CPC for setting aside a judgment on payment of costs and office objection compliance, was dismissed due to the appellant's non-compliance despite a previous peremptory order. The judgment is purely procedural.
Allowed one week to comply with cost and 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.
RSA No. 1004 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.1004 OF 2019 (PAR)
BETWEEN:
SMT. SHIVAMMA W/O NAGANNA AGED ABOUT 47 YEARS B HONNENAHALLI VILLAGE DODDA HOBLI, MANDYA TALUK
…APPELLANT
(BY SRI. N KUMAR.,ADVOCATE)
AND:
Digitally signed by REKHA R Location: High Court of Karnataka
RSA No. 1004 of 2019
RESPONDENT NOS.1 TO 5 ARE R/AT B HONNENAHALLI VILLAGE DODDA HOBLI, MANDYA TALUK
RSA No. 1004 of 2019
R/AT B HONNENAHALLI VILLAGE DODDA HOBLI, MANDYA TALUK
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC IS PRAYING TO ALLOW THE ABOVE APPEAL AND SET ASIDE AGAINST THE JUDGMENT AND DECREE DATED 04.01.2019, MADE IN R.A.NO.44/2014, ON THE FILE OF THE PRL. SR. CIVIL JUDGE, MANDYA, CONFIRMING THE JUDGMENT AND DECREE DATED 01.01.2014, MADE IN O.S.NO.202/2009 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR. DN.) & JMFC, MANDYA, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This Court vide order dated 13.01.2023 granted one
week time to comply with office objections on payment of cost of Rs.1,000/- and inspite of the same cost is not paid and office objections are also not complied with.
In view of peremptory order, appeal is dismissed for
non compliance of office objections.
Sd/JUDGE
RR
List No.: 2 Sl No.: 23
1 issue framed by the court
Whether the appeal should be allowed where the appellant failed to pay costs and comply with objections despite peremptory order?
Smt. Shivamma w/o Nanna
Smt. Mahadevamma w/o Late Basavaraju
Asha d/o Late Basavaraju
Umesh s/o Late Basavaraju
Sri Mahadevappa s/o Late Basavaiah
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
