The Karnataka High Court dismissed a regular second appeal for failure of the appellant's counsel to appear, pay court costs, and comply with previous orders regarding office objections.
Appeal dismissed for non-compliance of office objections and non-payment of cost.
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NC: 2023:KHC:30525 RSA No. 1613 of 2021
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. 1613 OF 2021
BETWEEN:
…APPELLANT
(BY SMT. SUMATHI S., ADVOCATE [ABSENT])
AND:
S/O. LATE KUNNAMADAIAH AGED ABOUT 80 YEARS
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
BOTH ARE RESIDENT OF UTHUVALLI VILALGE CHAMARAJANAGAR TALUK AND DISTRICT.
THE RESPONDENTS NO.5 TO 8 ARE R/AT NO.174, NAGAHANAHALLI ALANAHALLI POST MYSORE TOWN.
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.12.2020 PASSED IN R.A.NO.115/2017 ON THE FILE OF THE SENIOR CIVIL JDUGE AND CJM ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 26.10.2017 PASSED IN O.S.NO.112/2010 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN), CHAMARAJANAGARA.
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 appellant 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 appellant 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 appellant has neither paid the cost nor complied with the office objections.
Sd/JUDGE
ST
List No.: 1 Sl No.: 29
1 issue framed by the court
Whether the regular second appeal filed by the appellant should be allowed despite non-compliance of office objections regarding costs.
Mahadeva S/o. Late Basavaiah
Amase Madaiah
Geetha W/o. Nagaraju
B. Guru S/o. Late Basavaiah
Chikka Mahadeva S/o. Late Basavaiah
Rangaswamy S/o. Late Chinnaiah
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
