The High Court of Karnataka dismissed a regular second appeal filed under Section 100 of the CPC for non-compliance of office objections on the part of appellants who appeared personally without counsel.
The appeal was dismissed for non-prosecution due to the appellant's failure to comply with 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.1465 OF 2018 (DEC/INJ)
BETWEEN:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:19430 RSA No. 1465 of 2018
NC: 2023:KHC:19430 RSA No. 1465 of 2018
10. SHIVALINGAIAH
AGED ABOUT 47 YEARS, S/O LATE KEMPAIAH, DODDARAMAPURA VILLAGE, KANDIKERE HOBLI, CHIKKANAYAKANAHALLY, TUMKUR - 572 214.
11. RAMAIAH
AGED ABOUT 45 YEARS, S/O LATE KEMPAIAH, DODDARAMAPURA VILLAGE, KANDIKERE HOBLI, CHIKKANAYAKANAHALLY, TUMKUR - 572 214.
…APPELLANTS
(BY SRI. K.S. RAMASWAMY IYENGAR., ADVOCATE [ABSENT])
AND:
1. KRISHNAMURTHY
AGED ABOUT 65 YEARS, S/O T THIMMAIAH, RESIDING AT MACHENAHALLI, TURUVEKERE TALUK, TUMKUR - 572 227.
2. SHIVARAJU
AGED ABOUT 48 YEARS, S/O T THIMMAIAH, RESIDING AT MACHENAHALLI,
NC: 2023:KHC:19430 RSA No. 1465 of 2018
TURUVEKERE TALUK, TUMKUR - 572 227.
NC: 2023:KHC:19430 RSA No. 1465 of 2018
TURUVEKERE TALUK, TUMKUR - 572 227.
11. CHANDRAMMA
AGED ABOUT 35 YEARS, D/O BASAVARAJU, RESIDING AT THREETAPURA VILLAGE, KANDIKERE HOBLI, CHIKKANAYAKANAHALLY TALUK, TUMKUR - 572 214.
12. ANASUYAMMA
AGED ABOUT 33 YEARS, D/O BASAVARAJU, RESIDING AT HOSAHALLI GARDEN HOUSE, KASABA HOBLI, CHIKKANAYAKANAHALLY TALUK, TUMKUR - 572 214.
…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:
NC: 2023:KHC:19430 RSA No. 1465 of 2018
ORDER
When the matter is called, there is no representation on behalf of appellants.
The captioned appeal is listed today for orders regarding dismissal of appeal for non-compliance of office objections.
As could be seen from the daily order sheet, the appeal was listed on 30.05.2023 and finally a week's time was granted to comply office objections, failing which office was directed to list this matter for dismissal on 06.06.2023.
The appeal is listed today. So far, office objections are not complied with.
As already noted above, when the matter is called, there is no representation on behalf of appellants.
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.
NC: 2023:KHC:19430 RSA No. 1465 of 2018
In view of earlier peremptory order dated:30.05.2023, the Regular Second Appeal is dismissed for non-compliance of
office objections.
Sd/JUDGE
TKN List No.: 1 Sl No.: 6
Baghyamma
Murali D K
Suma
Malngala Kaduraiah
Kempaiakh
Basavaraj
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
