The High Court of Karnataka dismissed a regular second appeal because the appellant failed to pay a cost of Rs. 5,000, which was a mandatory condition precedent to recall the order dismissing the earlier appeal.
The appeal was dismissed for failure to pay the cost of Rs. 5,000 imposed as a condition precedent to recall the dismissal order.
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 1ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 2291 OF 2012 (DEC/INJ)
BETWEEN:
JAYARAMEGOWDA, S/O LATE KALASEGOWDA, AGED ABOUT 64 YEARS, R/AT KAMENAHALLI VILLAGE, KASABA HOBLI, K.R. NAGAR TALUK, MYSORE DISTRICT. PIN CODE: 571 602.
…APPELLANT
(BY SRI. B. ROOPESHA, ADVOCATE)
AND:
Digitally signed by CHAITHRA P Location: High Court of Karnataka
SRINIVASAGOWDA, S/O LATE KALASEGOWDA, AGED ABOUT 64 YEARS, R/AT KAMENAHALLI VILLAGE, KASABA HOBLI, K.R. NAGAR TALUK, MYSORE DISTRICT. PIN CODE: 571 602.
…RESPONDENT
(BY SRI. ABUBACKER SHAFI, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED:08.08.2012 PASSED IN R.A.NO.8/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, K.R.NAGAR, AND JUDGMENT AND DECREE DATED:01.02.2012 PASSED IN OS.NO.12/2008 ON THE FILE OF THE CIVIL JUDGE & JMFC, K.R.NAGAR AND ETC.
NC: 2023:KHC:31464 RSA No. 2291 of 2012
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
In view of the appellant having not paid the cost of Rs.5,000 as ordered by this Court on 03.06.2021, which was
NC: 2023:KHC:31464 RSA No. 2291 of 2012
the condition precedent to allow the application for recalling order of dismissal. This appeal is dismissed for having not paid cost and for non-compliance of the directions of this Court
dated 03.06.2021.
Sd/JUDGE
CPN List No.: 1 Sl No.: 18 CT: ABS
1 issue framed by the court
Whether a regular second appeal should be allowed when the appellant failed to pay the prescribed cost imposed as a condition precedent.
Jayaramegowda
Srinivasagowda
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
