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Smt Jayamma Vs Smt.Nanjamma — Civil Procedure and Limitation | Karnataka HC (2023)

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Karnataka HC
2023
Smt Jayamma Vs Smt.NanjammaSmt Jayamma v. Smt.Nanjamma

Dismissed

Smt Jayamma v. Smt.Nanjamma

Karnataka HC6 Jun 2023RSA/1343/2019

Case brief

AI extract

What is this about?

Regular Second Appeal dismissed for non-compliance of office objections due to appellant's lack of diligence in prosecuting the appeal.

What the court decided

AI extract

A

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NC: 2023:KHC:19434 RSA No. 1343 of 2019

`

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JUNE, 2023

BEFORE

THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.1343 OF 2019 (INJ)

BETWEEN:

SMT. JAYAMMA WIFE OF LATE SIDDALINGAIAH, AGED ABOUT 58 YEARS, RESIDING AT : SANTHEMAVATHUR VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT

…APPELLANT

(BY SRI. NAGAIAH., ADVOCATE & SRI. VINAY.G., ADVOCATE [ABSENT])

AND:

Parties & counsel

AI extract

appellant
Smt. Jayamma wife of late Siddalingaiah
respondent
Smt. NanJamma dead by LR's
respondent
Smt. Gowramma wife of Ranna
respondent
Sri K. Bettaswamy son of late Kuntaiah
respondent
Smt. Gangamma wife of K R Ganesh
respondent

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 6 Jun 2023 · June
Registered: 24 Jul 2019
Case no.: RSA/1343/2019

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Cite this judgement

Smt Jayamma v. Smt.Nanjamma, RSA/1343/2019 (KA), decided on 6 June 2023.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Jyoti Mulimani

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

This order records the dismissal of a Regular Second Appeal filed under Section 100 of the CPC. The appeal was listed for dismissal due to non-compliance of office objections despite two weeks being granted. The court observed the appellant's lack of diligence and issued a peremptory order to dismiss the appeal.

A compact analysis

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.

SMT.NANJAMMA DEAD BY LR'S

Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

SMT. GOWRAMMA WIFE OF RAMANNA, AGED ABOUT 56 YEARS, RESIDING AT BHAGENAHALLI VILLAGE, KOTHAGERE HOBLI, KUNIGAL TALUK.

SRI K. BETTASWAMY SON OF LATE KUNTAIAH, AGED ABOUT 46 YEARS, RESIDING AT SANTHEMAVATHUR VILLAGE, KASABA HOBLI, KUNIGAL TALUK. TUMAKURU DISTRICT.

SMT. GANGAMMA WIFE OF K R GANESH, AGED ABOUT 52 YEARS,

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`

NC: 2023:KHC:19434 RSA No. 1343 of 2019

RESIDING AT HUNASEMARANAHALLI VILLAGE, BENGALURU DISTRICT.

STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001.

SUB REGISTRAR KUNIGAL TALUK, TUMAKURU DISTRICT.

RESPONDENTS

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:

ORDER

Sri.Nagaiah., learned counsel for appellant has appeared in person.

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

Counsel for appellant submits that short accommodation

may be granted to comply office objections.

Submission is noted.

NC: 2023:KHC:19434 RSA No. 1343 of 2019

`

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As could be seen from the daily order sheet, the appeal was listed on 23.05.2023 and two weeks time was granted to comply office objections, failing which office was directed to list this matter for dismissal on 06.06.2023.

The appeal is listed today. So far, office objections are not complied with.

Despite giving several opportunities, appellant has not instructed the counsel on record to comply office objections. It appears that appellant is not diligent in prosecuting the appeal.

In view of earlier peremptory order dated:23.05.2023, the Regular Second Appeal is dismissed for non-compliance of office objections.

Sd/JUDGE

TKN List No.: 1 Sl No.: 10

State of Karnataka represented by its Chief Secretary

Coram

AI extract

Jyoti Mulimani

CNR

KAHC010217022019

Topic

Civil Procedure and Limitation

Bench

Disposal

Dismissal for Non Compliance of Office Objections

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