The High Court of Karnataka dismissed an RSA filed under Section 100 CPC due to non-compliance of office objections for three out of five years, resulting in dismissal for non-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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
R.S.A.NO.144 OF 2017
BETWEEN:
L R GANGADHARAIAH S/O LATE RAMACHANDRAIAH, AGED ABOUT 58 YEARS, R/A 3RD BLOCK, B.H.ROAD, CHIKKANAYAKANAHALLI TOWN TUMKUR DISTRICT - 572 214.
… APPELLANT
(BY SRI. M.C.BASAVARAJU, ADVOCATE & SRI. J.R.THIPPESWAMY, ADVOCATE - ABSENT)
AND:
AGED ABOUT 33 YEARS,
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ALL ARE RESIDING AT JANATHA COLONY LAKMENAHALLI VILLAGE KASABA HOBLI CHICKNAYAKANA HALLI TALUK TUMKUR DISTRICT - 572 215
...RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SETTING ASIDE THE JUDGMENT AND DECREE DATED 20.09.2014 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC AT CHIKKANAYAKANA HALLI IN O.S.NO.211/2010 AND JUDGMENT AND ORDER DATED 25.11.2016 PASSED BY THE ITINERATE COURT OF THE SENIOR CIVIL JUDGE AT CHIKKANAYAKANA HALLI IN R.A.NO.96/2014 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The matter is listed for non compliance of office
objections for 3rd time.
This appeal is of the year 2017 and for a period of
five years office objections are not complied with.
Hence, appeal is dismissed for non prosecution.
Sd/JUDGE
RR
L R Gangadhaiah
Kolluramma
Lakshmanamurthy
Venkataramiah
Gangadhaiah
Krishnaiah
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
