Regular Second Appeal filed under Section 100 CPC was dismissed because appellants failed to pay costs and comply with office objections despite a peremptory order.
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. 1076 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.1076 OF 2019 (PAR)
BETWEEN:
Digitally signed by REKHA R Location: High Court of Karnataka
THE APPELLANTS ABOVE NAMED ARE RESIDING AT DALAVAIHALLY VILLAGE, Y.N.HOSAKOTE HOBLI, PAVAGADA TALUK, …APPELLANTS
(BY SRI. H SRINIVAS RAO, ADVOCATE)
RSA No. 1076 of 2019
AND:
THE ABOVE MENTIONED RESPONDENT NOS.1 TO 3 ARE RESIDING AT DALAVAIHALLY VILLAGE, Y.N.HOSAKOTE HOBLI, PAVAGADA TALUK.
THE ABOVE NAME RESPONDENT NOS.4 TO 7 ARE RESIDING AT DALAVAIHALLY VILLAGE, Y.N.HOSAKOTE HOBLI, PAVAGADA TALUK.
…RESPONDENTS
(BY SRI. HANUMANTHARAYAPPA K, ADVOCATE FOR C/R3)
RSA No. 1076 of 2019
THIS RSA IS FILED UNDER SECTION 100 OF CPC, 1908 PRAYING TO DISMISS THE SUIT FILED BY THE PLAINTIFFS / RESPONDENT NOS.1 TO 3 AND SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE HON'BLE SENIOR CIVIL JUDGE & JFMC, PAVAGADA, IN RA.No.59/2015 DATED 15.02.2019 AND THEREBY CONFIRMING THE JUDGMENT AND DECREE PASSED BY THE HON'BLE CIVIL JUDGE (JUNIOR DIVISION) AND JMFC AT PAVAGADA, DATED 19.01.2015 IN OS.No.177/2007, 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 two weeks 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.: 26
Smt Palamma W/o Late Donappa
Sri Thimmaiah S/o Late Donappa
Sri Lakshmiaah S/o Late Donappa
Sri Ramiah S/o Late Donappa
Sri Rangappa S/o Late Donappa
Sri Palaiah S/o Late Gadrapalaiah
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
