Regular second appeal filed under Section 100 of CPC was dismissed by the High Court of Karnataka for non-compliance with office objections and failure to pay the prescribed cost of Rs.1,500/-.
The appeal was dismissed for non-compliance with office objections and non-payment of costs.
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.
NC: 2023:KHC:28708 RSA No. 1577 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1577 OF 2019 (PAR)
BETWEEN:
SRI B.S. KENDAGANNAPPA, SON OF LATE SHIVAPPASHETTY B.M., AGED ABOUT 51 YEARS, RESIDENT OF BASAVAPATNA VILLAGE, RAMANTHPURA HOBLI, ARKALGUD, HASSAN – 573 201.
…APPELLANT
(BY SRI. MOHAN P S., ADVOCATE (ABSENT))
AND:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
GANGOTHRI LAYOUT, MYSORE – 570 001.
…RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.03.2017 PASSED IN RA.NO.254/2013 ON THE FILE OF THE 5th ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 17.07.2013 PASSED IN OS.NO.216/2008 (OLD.NO.154/2003) ON THE FILE OF THE SENIOR CIVIL JUDGE, ARAKALAGUD.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This Court in the previous occasion i.e., on 31.07.2023 having taken note that the appeal was filed in the year 2019, the matter was listed for fifth time. However, in the ends of justice, one more opportunity was given to comply with the office objections with cost of Rs.1,500/- and it was also made clear that if office objections are not complied and if cost is not paid, the appeal would be dismissed. Inspite of it, the compliance is not done and cost is also not paid. Hence, the appeal is dismissed for non compliance of office objections.
Sd/JUDGE
DR
List No.: 1 Sl No.: 15
Sri B.S. Kendagannappa
Sri B.S. Devaraju
Sri. B.S. Balachandramurthy
Smt. Dakshayani B.S.
Smt. Nagaratna B.S.
Smt. Annapoorna B.S.
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
