The High Court of Karnataka dismissed a second regular appeal filed under Section 100 CPC due to non-compliance with office objections and lack of diligent prosecution by the appellants' counsel.
The appeal was dismissed for non-compliance of office objections and lack of prosecution.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.1396 OF 2021 (INJ)
BETWEEN:
ALL ARE R/AT BOODITHITTU VILLAGE MADDUR DHAKLE, AGARA HOBLI YELANDUR TALUK CHAMARAJANAGAR DIST-571442
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
(BY SMT. SUMATHI S, ADVOCATE)
…APPELLANTS
AND:
RESIDING AT BOODITHITTU VILLAGE MADDUR DHAKLE, AGARA HOBLI YELANDUR TALUK CHAMARAJANAGAR DIST-571442
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 07.07.2020
PASSED IN R.A.No.42/2017 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND CJM, CHAMARAJANAGAR AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This Court vide order dated 29.08.2023, in view of time sought by the learned counsel for the appellants, two weeks time was granted and also made it clear that if office objections are not complied within two weeks, the matter will be dismissed on the next date of hearing. Inspite of the said order, the counsel for the appellants is not pursuing the matter diligently and hence, it appears that he is not interested in prosecuting the case. Thus, the appeal is dismissed for non-compliance of office objections.
Sd/JUDGE
SN
2 issues framed by the court
Whether the second regular appeal filed under Section 100 of CPC should be disposed of on account of lack of diligent prosecution.
Whether the counsel's failure to comply with the office objections warrants dismissal of the appeal.
1 provisions across 1 enactments
Vinaykumar L S/o Late Linganna
Manukumar L S/o Late Linganna
Smt. Sharada W/o Late Nanjundaswamy
Smt Umamaheshwari W/o Kumar D/o Nanjundaswamy
Pradeep Kumar S/o Late Nanjundaswamy
Suma D/o Late Nanjundaswamy
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
