The High Court of Karnataka dismissed a regular second appeal filed under Section 100 of CPC for non-payment of court costs and failure to comply with an order requiring the appellants to address office objections within a specified timeframe.
The regular second appeal was dismissed for non-payment of cost and non-compliance 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 4TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.1545 OF 2021
BETWEEN:
ALL ARE RESIDING AT GONDAHALLI VILLAGE GEREHALLI POST, KASABA HOBLI, CHICKABALLAPUR TALUK / DISTRICT
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
…APPELLANTS
(BY SMT. SRUTI CHAGANTI, ADVOCATE [ABSENT])
AND:
GONDAHALLI VILLAGE, GEREHALLI POST, KASABA HOBLI, CHIKKABALLAPUR TALUK / DISTRICT
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 17.10.2019 PASSED IN R.A.NO.84/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.02.2018 PASSED IN O.S.NO.280/2011 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, CHIKKABALLAPUR.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Court, vide order dated 21.08.2023 granted two weeks time to comply with the office objections on payment of cost of Rs.1,000/- and also made it clear that if the office objections are not complied and cost is not paid, list the matter for dismissal. Inspite of the said order, learned counsel for the appellants has neither paid the cost nor complied with the office objections.
Hence, the appeal is dismissed for non-payment of cost and non-compliance of office objections.
List No.: 1 Sl No.: 36
Sd/JUDGE
ST
2 issues framed by the court
Whether the regular second appeal should be allowed given the non-payment of costs and non-compliance with office objections.
Whether the appeal is liable to be dismissed for default in payment of costs and non-compliance of directions.
SRI APPASWAMY S/O. DODDA DASAPPA
SRI ANJINAPPA S/O. APPASWAMY
SRI MUNIRAJU S/O. APPASWAMY
SRI G.V. THIMMAIAH
SRI MUNIRAJU S/O. RANGAPPA
H.P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
