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K M Mahadevaiah Vs Akilabi — Civil Procedure and Limitation | Karnataka HC (2023)

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Karnataka HC
2023
K M Mahadevaiah Vs AkilabiK M Mahadevaiah v. Akilabi

Dismissed

K M Mahadevaiah v. Akilabi

Karnataka HC3 Aug 2023RSA/1023/2018

Case brief

AI extract

What is this about?

Appeal dismissed for non-payment of further costs and non-compliance of court office objections after significant delay.

What did the court decide?

No relief; appeal set aside per procedural default.

What the court decided

AI extract

A

NC: 2023:KHC:27183 RSA No. 1023 of 2018

1 -

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF AUGUST, 2023

BEFORE

THE HON'BLE MR JUSTICE H.P.SANDESH

REGULAR SECOND APPEAL NO. 1023 OF 2018

BETWEEN:

K.M.MAHADEVAIAH S/O LATE MALLAIAH, R/O KADABA, GUBBI TALUK-572 101.

…APPELLANT

(BY SRI H.V.MANJUNATHA & SMT.R.MANJULADEVI, ADVOCATES )

AND:

Parties & counsel

AI extract

appellant
K.M. Mahadevaiah
respondent
Akilabi
respondent
Hanumantiah
respondent
Krishnamurthy
respondent
Ramaiah

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 3 Aug 2023 · August
Registered: 8 May 2018
Case no.: RSA/1023/2018

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Cite this judgement

K M Mahadevaiah v. Akilabi, RSA/1023/2018 (KA), decided on 3 August 2023.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

H.P. Sandesh

Parties & counsel

Outcome

No relief; appeal set aside per procedural default.

Detailed headnote1 paragraphs

The appeal was dismissed solely on the grounds of non-payment of prescribed further costs and failure to comply with the court's office objections, despite multiple adjournments granted previously.

A compact analysis

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.

Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA

AKILABI AGED ABOUT 53 YEARS W/O ANVAR SAB, R/O JANATHA COLONY, KADABA, GUBBI TALUK-572 101.

HANUMANTHAIAH S/O LATE BYALAPPA,

AGED ABOUT 63 YEARS

R/AT SHETTIHALLY, SOLLAPURA POST, KIKKERI HOBLI, K.R.PET TALUK, MANDYA DISTRICT.

KRISHNAMURTHY S/O HANUMANTHAIAH,

AGED ABOUT 43 YEARS

RAMAIAH S/O HANUMANTHAIAH, AGED ABOUT 38 YEARS

2 -

NC: 2023:KHC:27183 RSA No. 1023 of 2018

R3 AND R4 ARE R/AT SHETTIHALLY, SOLLAPURA POST, KIKKERI HOBLI, K.R.PET TALUK, MANDYA DISTRICT.

…RESPONDENTS

THIS R.S.A. IS FILED UNDER SECTION 100 R/W. ORDER XLII OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE IN R.A.NO.15/2014 PASSED ON 18.09.2017 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AT GUBBI AND TO CONFIRM THE JUDGMENT AND DECREE IN O.S.NO.236/2001 PASSED ON 13.02.2014 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AT GUBBI.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Counsel submits that he has informed the trial Court Advocate and he has not informed and this Court also granted time on 20.4.2023 granting another two weeks time to comply with office objections on further cost of Rs.500/-.

Further cost also not paid and even office objections are not complied, almost 3 ½ months have elapsed, till date office objections not complied and the earlier order is very clear that, if office objections not complied and cost not paid, the appeal will be listed for dismissal on the next date of hearing and hence, no grounds to again adjourn the matter.

NC: 2023:KHC:27183 RSA No. 1023 of 2018

3 -

Accordingly, appeal is dismissed for non-payment of

further cost and non-compliance of office objections.

Sd/JUDGE

AP List No.: 1 Sl No.: 11

Coram

AI extract

H.P. Sandesh

CNR

KAHC010491032018

Topic

Civil Procedure and Limitation

Bench

Disposal

Dismissal for Non Compliance of Office Objections

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