The High Court dismissed a regular second appeal filed under Section 100 of the CPC for non-compliance of office objections. The appellant's counsel was absent, and the court noted the appellant's lack of diligence in prosecuting the appeal after a prior deadline passed.
The regular second appeal is dismissed for non-compliance of office objections.
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RSA No. 1703 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.1703 OF 2018 (PAR)
BETWEEN:
AZIMABI W/O LATE NOOR PASHA, AGED ABOUT 72 YEARS, R/AT 4177, 8TH CROSS, GANDHI NAGAR, MYSURU - 570 001.
…APPELLANT
(BY SRI. SYED ABDUL SABOOR., ADVOCATE [ABSENT])
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
D/O LATE SYED MOHAMMED, AGED ABOUT 43 YEARS,
RSA No. 1703 of 2018
ALL ARE R/AT 3321 NEW NO.M-9, UMAR KHAYAM ROAD, II EIDGAH, MYSORE - 570 015.
RESPONDENT No.8 TO 12 ARE R/AT 3321, B.T.MILL ROAD, 2ND EDIGAH MANDI MOHALLA, MYSORE - 570 001.
RSA No. 1703 of 2018
R13 TO 20 ARE R/AT 426 NEHRU NAGAR, MYSURU - 570 015.
…RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
RSA No. 1703 of 2018
ORDER
When the matter is called, there is no representation on behalf of appellant.
The appeal is listed today for orders regarding dismissal of appeal for non-compliance of office objections.
As could be seen from the daily order sheet, the appeal was listed on 23.05.2023. On that day, finally, a week's time was granted to comply office objections failing which, the appeal was ordered to be listed for dismissal for noncompliance of office objections on 30.05.2023.
The appeal is listed today. So far, office objections are not complied with. It appears that the appellant has not instructed the counsel on record to comply office objections and appellant is not diligent in prosecuting the appeal.
In view of earlier peremptory order dated:23.05.2023, the Regular Second Appeal is dismissed .
Sd/JUDGE
TKN List No.: 1 Sl No.: 23
1 issue framed by the court
Whether the regular second appeal should be dismissed for non-compliance of office objections after a peremptory deadline.
1 provisions across 1 enactments
Azimabi W/O Late Noor Pasha
Smt. Shamsunnisa W/O Late Syed Mohammed
Zeenathunnisa D/O Late Syed Mohammed
Rifa Ayesha D/O Late Rehamath
Asma D/O Late Syed Mohammed
Syed Faheem S/O Late Syed Mohammed
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
