The appeal for non-compliance with office objections and non-payment of court costs, despite multiple adjournments granted for a nearly six-year-old appeal. The Single Judge dismissed the appeal.
The Regular Second Appeal was dismissed for non-compliance with office objections and non-payment of court 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.
NC: 2023:KHC:29870 RSA No. 1359 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1359 OF 2017
BETWEEN:
K.S. LAKSHMEESHA S/O SUBRAMANYA AGED ABOUT 55 YEARS, EDITOR AND PUBLISHER OF LAKSHMEESHA PATHRIKE R/O CAR STREET THIRTHAHALLI-577432 SHIMOGA DISTRICT.
… APPELLANT
(BY SRI PRASAD B.S., ADVOCATE)
AND:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
…RESPONDENT
THIS R.S.A IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.3.2017 PASSED IN R.A. NO.97/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SAGAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 31.07.2013 PASSED IN O.S.NO.68/1999 AND OS NO.51/2002 ON THE FILE OF THE CIVIL JUDGE, HOSANAGARA.
NC: 2023:KHC:29870 RSA No. 1359 of 2017
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal was filed in the year 2017. Thereafter, the
matter was listed before the Court on 17.12.2019 and on that day none appears before the Court. However in the ends of the justice the Court has granted the time and the matter again listed on 23.10.2021, once again a week’s time was granted and even on that day also the counsel for appellant has not complied with the office objections. Once again the matter was listed on 19.07.2022, on that day also the office objections are not complied by the counsel for appellant, the matter was again listed on 14.12.2022, again the counsel for appellant seeks time to comply with office objections. hence, two weeks time was granted to the counsel but, he has not complied the same.
paid and if office objections are not complied within 10 days, list the matter for dismissal on 21.04.2023. But, on 21.04.2023, the counsel for appellant was made the submission that he has paid the deficit court fee and one more office objection is pending and same has to be clarified within two weeks.
of office objections and also non payment of the cost.
Sd/JUDGE
RHS
List No.: 1 Sl No.: 2
1 issue framed by the court
Whether a regular second appeal should be disposed of for non-compliance with office objections and non-payment of costs.
1 provisions across 1 enactments
K.S. Lakshmeesha
P. Shankara Prabhu
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
