The Karnataka High Court dismissed a regular second appeal filed in 2018 for non-payment of the deficit court fee and failure to comply with the court's orders granting an extension to pay the fees and costs.
The appeal was dismissed for non-payment of cost as well as non-compliance of office objections.
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 30TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.2309 OF 2018 (DEC/INJ)
BETWEEN:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
BOTH ARE R/AT NARARASAPURAVILLAGE KOLAR TALUK AND ALSO R/AT KANNAMANGALAL VILALGE KADUGODI BENGALURU - 560052 …APPELLANTS (BY SRI H M MADHUSUDHANA, ADVOCATE [ABSENT])
AND :
SRI. SURYANARAYANAPPA AGED ABOUT 49 YEARS R/AT VENKATESHWARA PROVISION STORE THIRUMALA MILK CENTER NARASAPURA VILLAGE KOLAR DISTRICT-577667
…RESPONDENT
RSA No. 2309 of 2018
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 27.08.2018 PASSED IN R.A.NO.117/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, KOLAR AND ETC.
THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
O R D E R
The counsel for the appellants is absent.
This appeal was filed in the year 2018. This Court, vide order dated 16.03.2023 granted two weeks’ time to pay the deficit Court fee imposing cost and also made it clear that if the cost is not paid and deficit Court fee is not paid within two weeks, list this matter for dismissal. Even though two weeks’ time was granted on 16.03.2023, the office objections are not complied. Hence, the appeal is dismissed for non-payment of cost as well as non-compliance of office objections.
Sd/JUDGE
SN
1 provisions across 1 enactments
SRI. SURYAPRAKASH S/O M. JAGANNATH
SRI. M. JAGANNATH S/O MUNINARAYANAPPA
SRI. SURYANARAYANAPPA
H.P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
