The High Court of Karnataka dismissed a regular second appeal filed in 2018 for non-compliance of office objections, noting the matter had listed multiple times between 2018 and 2023 without required submissions.
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.
RSA No. 158 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 158 OF 2018 (INJ)
BETWEEN:
…APPELLANT
(BY SRI. P. MAHESHA, ADVOCATE)
AND:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
…RESPONDENT
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 04.09.2017 PASSED IN R.A.NO.177/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GUNDLUPET, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.02.2016 PASSED IN O.S.NO.127/2011 ON THE FILE OF THE CIVIL JUDGE AND JMFC, GUNDLUPET.
RSA No. 158 of 2018
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
This appeal is filed in 2018 and the matter was listed before the Registrar (Judicial) on 05.09.2018 and counsel was absent. However, one week time was granted to comply with the office objections and also made it clear that, in the event, the office objections are not complied within one week from today, post the matter before the Court. Accordingly, the matter was listed before the Court on 31.01.2019 and this Court granted four weeks time to comply with the office objections. Once again, the matter was listed before the Court on 12.09.2019 and this Court granted three weeks time to comply with the office objections and also made it clear that, if the office objections are not complied within such period, the appeal shall be listed for dismissal. Once again, the matter was listed on 14.11.2019 and counsel made the submission that, some of the office objections have been complied with and also observed that, in view of compliance of some of the office objections, the time for compliance of other office objections is enlarged by further two weeks. Inspite of the matter being listed before the Registrar (Judicial) and also before the Court
RSA No. 158 of 2018
on several occasions, the office objections are not complied with. This appeal is filed in 2018 and now, we are in 2023. Hence, no grounds to grant further time for compliance of office objections.
Accordingly, the appeal is dismissed for non-compliance of office objections.
Sd/JUDGE
ST
List No.: 2 Sl No.: 7
1 issue framed by the court
Whether the regular second appeal should be allowed further time for compliance of office objections after repeated failures.
1 provisions across 1 enactments
H.S. KRISHNAMURTHY
H.P. MOHANRAJ
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
