This High Court dismissed a second appeal filed against a decree in a civil suit for non-compliance of office objections and non-payment of prescribed court costs, as the appellants' counsel was absent.
The appeal was dismissed for non-compliance of office objections and non-payment of cost.
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 28TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1573 OF 2021 (DEC/INJ)
BETWEEN:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:30528 RSA No. 1573 of 2021
9. FAZIL
S/O. LATE ABDUL JAFFER MOHIDDIN AGED ABOUT 28 YEARS
ALL ARE R/AT DODDAMANDIGANAHALLI BEHIND RANGALAKSHMI CHOULTRY VIJAYANAGA EXTENSION HASSAN CITY, HASSAN-573 201.
…APPELLANTS
(BY SRI K.P.BHUVAN, ADVOCATE [ABSENT])
AND:
1. ABDUL JAHEER
MAHAMMAD SAB @ BADA SAB AGED ABOUT 62 YEARS R/AT MADHUGERE VILLAGE KASABA HOBLI, BELUR TALUK HASSAN DISTRICT-573 207.
…RESPONDENT
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.02.2020 PASSED IN R.A.NO.19/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE, BELUR DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.07.2019 PASSED IN O.S.NO.80/2013 ON THE FILE OF THE LEARNED CIVIL JUDGE AND JMFC AT BELUR.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Court, vide order dated 11.08.2023 observed that
this matter is of the year 2021 and learned counsel for the appellants is absent and the matter is listed fourth time for non-compliance of office objections. However, in the ends of
justice, granted one more opportunity to the learned counsel for the appellants to comply with the office objections on cost of Rs.1,000/- payable at Registry and also made it clear that, if the cost is not paid and the office objections are not complied, list the matter for dismissal on the next date of hearing. Inspite of the said order, the learned counsel for the appellants has neither paid the cost nor complied with the office objections.
Sd/JUDGE
ST
List No.: 1 Sl No.: 28
Kumarnnisa w/o. Late Abdul Jaffer Mohiddin
Muzeeb S/o. Late Abdul Jaffer Mohiddin
Rizwan S/o. Late Abdul Jaffer Mohiddin
Riyaz S/o. Late Abdul Jaffer Mohiddin
Tahseen Parveez S/o. Late Abdul Jaffer Mohiddin
Ashmad S/o. Late Abdul Jaffer Mohiddin
H.P. Sandesh
As recorded by the court registry
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