The High Court of Karnataka dismissed a regular second appeal filed under Section 100 CPC because the appellant failed to comply with office objections and pay the required costs after a peremptory order.
Regular second appeal dismissed for non-compliance of office objections and non-payment of costs.
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. 125 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.125 OF 2022 (PAR)
BETWEEN:
SMT. FARAHATH SULTHANA AGED ABOUT 67 YEARS, S/O LATE MOHAMMED FAYAZ ALI, R/O NO.28/21, 4TH CROSS, 2ND MAIN, KUSHAL NAGAR, BANGALORE - 560 045. SINCE DEAD BY HER LR'S APPELLANTS 1 TO 4,
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
APPELLANTS 1 & 2 ARE R/AT NO.28/21, 5TH CROSS, KUSHAL NAGAR, BANGALORE - 560 045.
RSA No. 125 of 2022
…APPELLANTS
(BY SRI. JAGADISH., ADVOCATE FOR SRI. P.B.RAJU., ADVOCATE)
AND:
SMT. SHAMSHUNNISA S/O LATE MOHAMMED FAYAZ ALI AGED ABOUT 74 YEARS, SINCE DEAD BY LR'S
RSA No. 125 of 2022
D/O MOHAMMED FAYAZ ALI, AGED ABOUT 42 YEARS,
D/O MOHAMMED FAYAZ ALI, AGED ABOUT 38 YEARS,
ALL ARE R/AT KALAIPET, BY THE SIDE SHAFI CLINIC, KOLAR.
…RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Jagadish., learned counsel on behalf of Sri.P.B.Raju.,
for appellants has appeared in person.
The appeal is listed today for orders regarding noncompliance of office objections.
As could be seen from the daily order sheet, the appeal was listed on 16.02.2023 and two weeks time was granted to
RSA No. 125 of 2022
comply office objections subject to payment of cost of Rs.1,000/- (Rupees One Thousand only), failing which the appeal was ordered to be listed for dismissal.
The appeal is listed today.
Learned counsel for appellants submits that short accommodation may be granted to comply office objections.
Submission is noted.
So far, office objections are not complied with and cost of Rs.1,000/- (Rupees One Thousand only) is also not paid.
In view of earlier peremptory order dated:16.02.2023, the Regular Second Appeal is dismissed .
Sd/JUDGE
NR List No.: 1 Sl No.: 34
1 issue framed by the court
Whether the regular second appeal should be allowed further time to comply with office objections and payment of costs before dismissal.
1 provisions across 1 enactments
Smt. Farahath Sultana & LRs
Smt. Shamshunissa & LRs
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
