The High Court of Karnataka dismissed an appeal filed under Section 100 CPC for non-prosecution, as the counsel failed to comply with a compliance order despite being granted time.
The appeal is dismissed for non-compliance of office objection and 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 10TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
R.S.A.NO.1531/2018 (PAR)
BETWEEN
...APPELLANTS
(BY SRI RAGHAVENDRA K, ADVOCATE)
AND
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R/O DABANUGUNTA VILLAGE PUTTAPPANADODDI MALLUR HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT-562160
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RESPONDENTS NO.4 TO 8 ARE R/A NO.992, II MAIN 4TH BLOCK, RAJAJINAGAR BENGALURU-560010
… RESPONDENTS
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 01.12.2014 PASSED IN O.S.NO. 54/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHANNAPATTANA AND ETC.
THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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J U D G M E N T
The counsel for the appellants is absent. This appeal
was filed in the year 2018. This Court vide order dated 25.02.2022, time of one week was granted to comply with the office objection and also made it clear that if office objection is not complied with, the appeal would be dismissed for non-prosecution. Inspite of one week time was granted, after lapse of 10 months also, office objection is not complied with. Hence, it shows that the counsel for the appellants is not diligent in pursuing the matter. Thus, the appeal is dismissed for non-compliance of office objection.
Sd/JUDGE
SN
Sri Venkategowda S/O Late Javaregowda
Ramesh S/O Late Javare Gowda
Smt. Sannamma W/O Late Marigowda
Sri Puttaiyah S/O Dodda Eraiah
Smt. Thimmamma W/O Ramegowda
Sri Govindaraju S/O Sri N Nanjundappa
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
