The High Court dismissed a regular second appeal because the appointed counsel failed to pay the court fees within the granted two-week period, despite prior notices and opportunities. Consequently, the appeal was dismissed for non-avail of steps.
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.
RSA No. 2527 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.2527 OF 2017 (INJ)
BETWEEN:
BOTH ARE RESIDING AT HANDIGUDDAKAVALU VILLAGE, HARANAHALLI HOBLI,
PERIYAPATNA TALUK – 571 107.
…APPELLANTS
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
AND:
(BY SRI KARTHIK P.M., ADVOCATE)
ALL ARE RESIDING AT
HANDIGUDDAKAVALU VILLAGE,
RSA No. 2527 of 2017
HARANAHALLI HOBLI, PERIYAPATNA TALUK – 571 107.
…RESPONDENTS
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC, 1908 AGAINST THE JUDGEMENT AND DECREE DATED 31.07.2017 PASSED IN R.A.NO.2/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 16.01.2016 PASSED IN OS.NO.177/2009 ON THE FILE OF THE CIVIL JUDGE AND JMFC, PERIYAPATNA.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The learned counsel for the appellants is absent.
On the previous date of hearing also he was absent. This
Court vide order dated 03.02.2023, granted two weeks time to furnish P.F. to issue notice to respondent Nos.1 to 3. It was made clear that if P.F. is not furnished within two weeks, list the matter for dismissal. Inspite of the same, P.F. is not paid. Hence, the appeal is dismissed for not taking steps.
Sd/JUDGE
MD
List No.: 2 Sl No.: 8
Smt. Chandramma
Smt. Puttamma
Sri Nagarajanayaka
Smt. Leelavathi
Smt. Shantha
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
