The High Court of Karnataka dismissed a regular second appeal under Section 100 CPC due to non-compliance of office objections and failure to pay exemption costs as previously ordered.
The regular second appeal was dismissed for non-compliance of office objections and non-payment of costs.
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NC: 2023:KHC:25110 RSA No. 164 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.164 OF 2022 (PAR)
BETWEEN:
MR. SHEIK HASAN SAHEB, AGED ABOUT 67 YEARS, S/O LATE ABUBBAKKAR, R/AT DARKASTH HOUSE, POST HOSMAR, BELTHANGADI TALUK, D.K.DISTRICT.
…APPELLANT
(BY SRI. JAYAKAR SHETTY H., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:25110 RSA No. 164 of 2022
NC: 2023:KHC:25110 RSA No. 164 of 2022
W/O SHEIK GOUSE, MASEEDI GUDDA, SRINAGERI, SRINGERI POST, CHIKAMAGALORE DISTRICT.
…RESPONDENTS
(BY SRI.VISHNU., ADVOCATE FOR SRI. SACHIN B S., ADVOCATE FOR C/R2, R4, 5 & 7)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELIEFS.
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.H.Jayakar Shetty., learned counsel for appellant and Sri.Vishnu., learned counsel on behalf of Sri.Sachin.B.S., for caveator/ respondent No.2, respondents 4, 5 & 7 have appeared in person.
The appeal is listed today for orders regarding dismissal of appeal for non-compliance of office objections.
Counsel for appellant submits that short accommodation
may be granted to comply office objections.
Submission is noted.
As could be seen from the daily order sheet, the appeal was listed on 16.02.2023. On that day, two weeks time was granted to comply office objections subject to payment of cost
of Rs.1,000/- (Rupees One Thousand only) payable at the Registry, failing which, the appeal was ordered to be listed for dismissal.
The appeal is listed today. So far, office objections are not complied with and cost of Rs.1,000/- (Rupees One Thousand only) is also not paid.
It appears that the appellant has not instructed the counsel on record to comply office objections.
In view of earlier peremptory order dated:16.02.2023, the Regular Second Appeal is dismissed.
Sd/JUDGE
TKN List No.: 1 Sl No.: 10
1 issue framed by the court
Whether the regular second appeal be dismissed for non-compliance of office objections and failure to pay costs?
1 provisions across 1 enactments
Mr. Sheikh Hasan Saheb
Mrs. Hawabi
Mrs. Khatonbi
Mrs. Saleemabi
Mrs. Chandbi
Mrs. Beebijan
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
