The High Court of Karnataka dismissed a regular second appeal for non-compliance with office requirements regarding payment of court costs, despite a prior conditional order allowing the benefit only upon such payment.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2023
BEFORE
THE HON' BLE MR. JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1768 OF 2018
BETWEEN
N A KARUMBAIAH
S/O N S APPAIAH
AGED ABOUT 58 YEARS
R/AT NO.40, GOVT HOSPITAL ROAD
KOTE KENGERI,
BENGALURU
... APPELLANT/S
(By Sri.: MANJUNATH N D, ADVOCATE)
AND
SIDDALINGEGOWDA
S/O B CHANNEGOWDA
AGED ABOUT 48 YEARS
R/AT BEERESHWARA TEMPLE ROAD
URAMARA KASLAGERE GRAMA
KOTTATHI HOBLI, KALENAHALLI POST
MANDYA TALUK AND DIST
AND ALSO R/A NO.22
ESW-MODEL HOUSE
…2
2
RSA NO. 1768/2018
O Y H S CITB, 3RD CROSS, I STAGE, HEBBAL EXTENSION DEVARAJA MOHALLA MYSURU
…RESPONDENT/S
REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGEMENT & DECREE DTD 21.02.2018 PASSED IN R.A.NO. 137/2014 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, MYSURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 05.03.2013 PASSED IN OS.NO.1253/2009 ON THE FILE OF THE II ADDITIONAL I CIVIL JUDGE MYSURU.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order:-
ORDER
Office has noted that acknowledgement for having paid the cost of Rs.5,000/- has not been filed in terms of order dated 08.11.2022 and on perusal of previous order a conditional order was passed to pay the cost to recall the order dated 23.08.2022, failing which the appellant will lose the benefit of the order dated 08.11.2022.
…3
3
RSA NO. 1768/2018
Hence, earlier order dated 23.08.2022 is confirmed and
the appellant is not entitled for the benefit of order dated 08.11.2022 for non payment of cost.
Sd/- JUDGE
NOTE : Vide Court Order dated 05.01.2023, office objections are not complied with, hence appeal shall stand dismissed.
COPY
Sd/ASSISTANT REGISTRAR
T By: PH R By: VS C By: RG
Ty Date: 23.03.2023 C Date: 24.03.2023
N A Karumbaiah
Siddalingegowda and O Y H S CITB
H.P. Sandesh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
