The appellate court dismissed a regular second appeal for non-compliance of office objections. The appellant had failed to substantiate objections for five years despite cost orders and an extension, leading to the matter being decided without further adjournment.
Appeal dismissed for non-compliance of office objections.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6th DAY OF JANUARY 2023
BEFORE
THE HON’BLE MR.JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.1190/2017 (INJ)
BETWEEN:
…APPELLANTS
(BY SRI.R.KOTHWAL, ADVOCATE)
AND:
NAGARAJU, S/O LATE BYATAPPA, AGED 55 YERS, R/O BEHIND CHRISTIAN COLONY, GUBBI TOWN, GUBBI TALUK – 572 216.
... RESPONDENT
(BY SRI.YATHISH J NADIGA, ADVOCATE FOR C/R)
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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 19.04.2017 PASSED IN R.A. NO.61/2014 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, GUBBI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.11.2014 PASSED IN O.S. NO.215/06 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, GUBBI.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This Court, on 09.09.2019, adjourned the case imposing cost of Rs.1,000/- to comply office objections by granting two weeks' time. There was non compliance. Again on 19.04.2022, learned counsel submitted that that cost was paid and one week time was once again granted to comply with the office objections. Even after lapse of eight months, office objections are not yet complied with.
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Hence, appeal is dismissed for non compliance of office objections.
sac*
1 issue framed by the court
Whether the regular second appeal should be allowed or dismissed due to non-compliance of office objections after repeated adjournments and payment of costs.
G.P. VENKATANARASIMHAIAH & ORS.
NAGARAJU
H.P. Sandesh
As recorded by the court registry
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