This appeal filed in 2017 was dismissed because the appellant failed to comply with the court's repeated orders to remove office objections and did not pay the required costs despite multiple notices. The court dismissed the appeal for non-compliance.
The appeal was dismissed for non-payment of cost and 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 29TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.2607 OF 2017 (PAR)
BETWEEN:
ESHWARAPPA
S/O LATE KANUMAIAH AGED ABOUT 67 YEARS R/A OBANAHALLI VILLAGE C.N.DURGA HOBLI KORATAGERE TALUK TUMKUR DISTRICT-572129
…APPELLANT
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
(BY SRI KAMARAJU, ADVOCATE [ABSENT])
AND :
RSA No. 2607 of 2017
…RESPONDENTS
(BY SRI KASHYAP N NAIK, ADVOCATE FOR C/R1 & R2)
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 12.08.2017 PASSED IN R.A.NO.5004/2014 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MADHUGIRI AND ETC.
RSA No. 2607 of 2017
THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
This appeal is filed in the year 2017. When the matter was listed before the Registrar (Judicial), the counsel for the appellant was absent however, one week time was granted to comply with the office objections and also made it clear that in the event of non-compliance of office objections within one week from today, post the case before the Court.
the Court for the same stage hence, finally, two weeks time was granted for compliance of office objections and also made it clear that if office objections are not removed within two weeks from today, the matter will be listed before the Court for further orders. On 10.01.2020, again a week’s time was granted to do the needful.
RSA No. 2607 of 2017
granted to do the needful on cost of Rs.1,000/- and also made it clear that if office objections are not complied within the time, the appeal will be listed for dismissal. And insptie of the said peremptory order, till date, office objections are not complied with. Accordingly, the appeal is dismissed for non-payment of cost and non-compliance of office objections.
Sd/JUDGE
SN
1 issue framed by the court
Whether the appeal should be dismissed for non-compliance of court orders and non-payment of costs.
Eshwarappa S/o Late Kanumiah
Akkarangamma W/o Giriyappa
Nagamma W/o Veerakyathaiah
Lakshmipathi S/o Dasappa
Rangnatha S/o Dasappa
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
