Regular Second Appeal pending before High Court of Karnataka. Appellant failed to comply with a previous order regarding correction of cause title. Appeal dismissed without hearing on default.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.2191 OF 2018 (PAR)
BETWEEN:
SMT. THIMMAMMA W/O LATE CHANNAIAH D/O LATE MARAIAH AGED ABOUT 67 YEARS R/AT BELAGUMBA MAGADI TALUK RAMANAGAR DISTRICT-562120
…APPELLANT
(BY SRI RAVISHANKAR S, ADVOCATE)
AND:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
VIJAYANAGAR II STAGE BANGALORE-560 040
RESPONDENT NO.3 IS MENTALLY RETARDED AND HENCE SHE IS REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN RESPONDENT NO.1
AGEDA BOUT 57 EYARS
RESPONDENTS No.6(A) TO 6(D) ARE R/AT KEMPOHALLI VILLAGE KUDUR HOBLI MANGANAHALLI POST MAGADI TALUK RAMANAGAR DISTRICT562127
…RESPONDENTS
THIS RSA IS FILED U/S. 100 OF CPC. AGAINST THE JUDGEMENT DECREE DTD 11.04.2018 PASSED IN R.A.NO. 21/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The counsel for the appellant again seeks time.
On 23.08.2023, the appellant’s counsel was absent
and this Court observed that inspite of the order dated 24.05.2023, instead of rectifying the cause title of O.S. judgment, corrected the cause title of R.S.A. The same is not permissible unless the order dated 24.5.2023 is recalled and hence, counsel for the appellant is directed to comply with the order dated 24.05.2023 and also made it clear that if the same is not complied, the matter will be dismissed on the next date of hearing. Inspite of the said order, till date, the counsel for the appellant has not complied with the office objections. Hence, the appeal is dismissed as ordered earlier.
Sd/JUDGE
SN
Smt. Thimmamma W/o Late Channiah
Smt. Gangalakshammamma W/o Late Gangaiah
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
