Dismissed

Smt S M Rukminiyamma v. Sri S M Chandrappa

Karnataka HC25 May 2023RSA/1246/2018

Case brief

AI extract

What is this about?

Justice Jyoti Mulimani dismissed RSA No. 1246 of 2018 due to non-prosecution and repeated non-compliance of office objections. The appellants were absent on the hearing date, and despite a five-year delay since filing, no instructions had been issued to comply with formal requirements.

What did the court decide?

The Regular Second Appeal was dismissed for non-prosecution and non-compliance of office objections.

Smt S M Rukminiyamma Vs Sri S M Chandrappa — Civil Procedure and Limitation | Karnataka HC (2023)

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RSA No. 1246 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.1246 OF 2018 (DEC/INJ)

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BETWEEN:

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SMT S M RUKMINIYAMMA D/O LATE SRI. MUNIVENKATAPPA, AGED ABOUT 73 YEARS, R/AT NO.33/4, 3^RD CROSS, SUDDAGUNTEPALYA, BENGALURU - 560 029.

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SMT. S.M.SHANTHAMMA D/O LATE SRI. MUNIVENKATAPPA, AGED ABOUT 67 YEARS, PRESENTLY RESIDING AT NO.48/8, NO.18, 3^RD MAIN, 8^TH D-CROSS, VENKATAPURA, KORAMANGALA FIRST BLOCK, BENGALURU - 560 034.

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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SMT. S.M.RATHNAMMA D/O LATE SRI. MUNIVENKATAPPA, PRESENTLY RESIDING AT NO.170/6 3^RD A-MAIN, VENKATAPURA EXTENSION, KORAMANGALA, BENGALURU- 560 034.

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SMT. S.M.KAMALA D/OLATE SRI. MUNIVENKATAPPA, PRESENTLY RESIDING AT NO.48/8, NO.18, 3^RD MAIN, 8^TH D-CROSS, VENKATAPURA, KORAMANGALA I-BLOCK, BENGALURU - 560 034. …APPELLANTS

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[(BY SRI.V.VINOD REDDY, ADVOCATE (ABSENT)]

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RSA No. 1246 of 2018

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AND:

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SRI S M CHANDRAPPA S/O LATE SRI. MUNIVENKATAPPA, AGED ABOUT 68 YEARS, R/AT NO.13/3, BASAVAPURA, SHIGEHALLI ROAD, VIRGONAGAR POST, BENGALURU - 560 017.

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KUM. ANASUYAMMA D/O LATE SRI. MUNIVENKATAPPA, R/AT KANTHAPPA STREET, SARJAPURA, ANEKAL TALUK BENGALURU RURAL DISTRICT - 562 125.

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…RESPONDENTS

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, SEEKING CERTAIN RELIEFS.

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

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ORDER

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When the matter is called, there is no representation on behalf of appellants.

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The captioned appeal is listed today for orders regarding non-compliance of office-objections for third time.

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As could be seen from the appeal papers, the appeal is filed in the year 2018. Now we are in the month of May 2023. It's been five years. So far office objections are not complied with.

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RSA No. 1246 of 2018

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It appears that the appellants have not instructed the counsel on record to comply with the office-objections and appellants are not diligent in prosecuting the appeal.

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As already noted above, when the matter is called, there is no representation for the appellants. Hence, the Regular Second Appeal is dismissed for non-prosecution and also for non-compliance of office objections.

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Sd/JUDGE

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NR List No.: 1 Sl No.: 8

Smt S M Rukminiyamma v. Sri S M Chandrappa

Case brief

What is this about?

What did the court decide?

Smt S M Rukminiyamma v. Sri S M Chandrappa

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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