The Karnataka High Court dismissed a regular second appeal filed under Section 100 of the CPC. The appellants failed to comply with court orders and payment of costs within the granted time limit.
The Regular Second Appeal is dismissed for non-compliance of office objections.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.1247 OF 2019 (PAR)
BETWEEN:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
No.1 TO 3 ARE RESIDENTS OF NADUKERE HOUSE, POST BAJAU - 574 203, KUTHETHOOR VILLAGE, KAATIPALLA, MANGALURU TALUK, D.K.
…APPELLANTS
(BY SRI. K.CHANDRANATH ARIGA., ADVOCATE [ABSENT])
AND:
NC: 2023:KHC:25588 RSA No. 1247 of 2019
…RESPONDENTS
(BY SRI. SANATH KUMAR SHETTY., ADVOCATE
FOR C/R1 TO R3)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELIEFS.
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
When the matter is called, there is no representation on
behalf of appellants.
The captioned appeal is listed today for orders regarding dismissal of appeal in view of non-compliance of office objections.
As could be seen from the daily order sheet, the appeal was listed on 19.04.2023 and finally, two weeks time was granted to comply with the office objections subject to payment
of cost of Rs.500/- (Rupees Five Hundred only), failing which the appeal was ordered to be listed for dismissal immediately after Summer vacation, 2023.
The appeal is listed today. So far, office objections are not complied with. It appears that the appellants have not instructed the counsel on record to comply office objections.
In view of earlier peremptory order dated:19.04.2023, the Regular Second Appeal is dismissed for non-compliance of office objections.
Sd/JUDGE
TKN List No.: 1 Sl No.: 5
1 issue framed by the court
Whether a regular second appeal must be dismissed for non-compliance of office objections stated twice.
1 provisions across 1 enactments
Mr. Sudhakar Shetty and others
Mrs. Sarasu and others
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
