Dismissed

Venkatesha v. Shankara Shetty

Karnataka HC26 May 2023RSA/1498/2019

Case brief

AI extract

What is this about?

In RSA No. 1498 of 2019, Karnataka High Court dismissed a regular second appeal filed in 2019 as non-prosecuted. The appellants were absent, office objections remained uncomplied with for four years, and counsel provided no representation. The court disposed of the matter without hearing.

What did the court decide?

Regular Second Appeal dismissed for non-prosecution and non-compliance of office objections.

Venkatesha Vs Shankara Shetty — Civil Procedure and Limitation | Karnataka HC (2023)

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RSA No. 1498 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.1498 OF 2019 (DEC/INJ)

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BETWEEN:

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VENKATESHA S/O. PUTTANNA,

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SMT. KOUSHALAMMA W/O. PUTTANNA

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BOTH ARE MAJORS, RESIDING AT: BELAKAVADI MAIN ROAD, BELAKAVADI, MALAVALLI TALUK, MANDYA DISTRICT.

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…APPELLANTS

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(BY SRI. SHARATH J M., ADVOCATE FOR SRI. NARAYANASWAMY.P., ADVOCATE[ABSENT])

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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SHANKARA SHETTY SINCE DEAD BY HIS LR'S

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SMT. LAKSHMAMMA W/O. LATE SHANKARA SHETTY., AGED ABOUT 56 YEARS,

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SRI. SATHISHA S/O. SHANKARASHETTY, AGED ABOUT 35 YEARS,

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SRI. SANTHOSH S/O. LATE SHANKARASHETTY, AGED ABOUT 30 YEARS,

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RSA No. 1498 of 2019

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SMT. MANJULA D/O. LATE SHANKARASHETTY, AGED ABOUT 33 YEARS,

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SMT. DAKSHAYANI D/O.LATE SHANKARASHETTY, AGED ABOUT 28 YEARS,

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RESPONDENTS 1-5 ARE R/AT RAMAMANDIRA ROAD, BELAKAVADI VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT.

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…RESPONDENTS

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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When the matter is called, there is no representation on behalf of appellants.

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

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As could be seen from the appeal papers, the appeal is filed in the year 2019. Now we are in the month of May 2023. It's been four years. So far, office objections are not complied with.

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RSA No. 1498 of 2019

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It appears that the appellants have not instructed the

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counsel on record to comply office objections and appellants are not diligent in prosecuting the appeal.

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As already noted above, when the matter is called, there is no representation on behalf of appellants. Hence, the Regular Second Appeal is dismissed for non-prosecution and also for non-compliance of office objections.

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Sd/JUDGE

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NR List No.: 1 Sl No.: 1

Venkatesha v. Shankara Shetty

Case brief

What is this about?

What did the court decide?

Venkatesha v. Shankara Shetty

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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