The Court dismissed a Regular Second Appeal under Section 100 CPC for non-compliance of office objections. Despite earlier time granted and reminders, appellants failed to instruct counsel to comply, warranting dismissal.
The Regular Second Appeal was dismissed for non-compliance of office objections.
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. 1280 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.1280 OF 2019 (DEC/INJ)
BETWEEN:
…APPELLANTS
(BY SRI. PRAVEEN KUMAR.N.K., ADVOCATE)
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
AND:
2(a) LAKSHMIDEVAMMA W/O LATE V. SRINIVASACHARI, AGED MAJOR, R/AT VITTASANDRA VILLAGE, BEGUR HOBLI,
RSA No. 1280 of 2019
BANGALORE SOUTH TALUK, BANGALORE RURAL DISTRICT.
2(b) PRABHAKAR
S/O. LATE V. SRINIVASACHARI, AGED MAJOR, R/AT VITTASANDRA VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE RURAL DISTRICT.
S/O. LATE V. SRINIVASACHARI, AGED MAJOR, R/AT VITTASANDRA VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE RURAL DISTRICT.
S/O LATE VENKATASWAMY ACHARI, AGED 73 YEARS, R/AT CHIKKA BAZAAR, BEGUR HOBLI, BANGALORE SOUTH TALUK.
S/O LATE VENKATASWAMY ACHARI, AGED 71 YEARS, R/AT CHIKKA BAZAAR, BEGUR HOBLI, BANGALORE SOUTH TALUK.
5 PAPACHARI S/O LATE VENKATASWAMY ACHARI, AGED 64 YEARS, R/AT VITTASANDRA VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK.
RSA No. 1280 of 2019
9 OABHA REDDY S/O LATE NARASIMHA REDDY, AGED 74 YEARS, R/AT BEGUR VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK.
…RESPONDENTS
(BY SRI.LAXMIKANTHA.K.B., ADVOCATE FOR SRI. PRAKASH RAMAIAH., ADVOCATE FOR C/R1)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
RSA No. 1280 of 2019
ORDER
Sri.Harish., learned counsel on behalf of Sri.Praveen Kumar.N.K., for appellants has appeared in person.
The captioned appeal is listed today for orders regarding dismissal of appeal for non-compliance of office objections.
Counsel for appellants submits that short accommodation
may be granted to comply office objections.
Submission is noted.
As could be seen from the daily order sheet, the appeal was listed on 29.05.2023 and finally a week's time was granted to comply office objections, failing which office was directed to list this matter for dismissal on 05.06.2023.
The appeal is listed today. So far, office objections are not complied with.
Despite giving several opportunities, appellants have not instructed the counsel on record to comply office objections. It appears that appellants are not diligent in prosecuting the appeal.
RSA No. 1280 of 2019
In view of earlier peremptory order dated:29.05.2023, the Regular Second Appeal is dismissed for non-compliance of
office objections.
Sd/JUDGE
NR List No.: 1 Sl No.: 23
2 issues framed by the court
Whether the Second Appeal should be dismissed for non-compliance of office objections despite time granted.
Whether the appellants are diligent in prosecuting the appeal.
1 provisions across 1 enactments
Jayachandra Nagappa Kini
Sudha J. Kini
J. R. Samuel
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
