The High Court of Karnataka dismissed a regular second appeal for non-compliance of office objections despite earlier peremptory orders, finding the appellants undiligent.
Regular Second Appeal No. 31 of 2019 dismissed for non-compliance of office objections.
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RSA No. 31 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.31 OF 2019 (MON)
BETWEEN:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
(BY MISS. ARCHANA., ADVOCATE FOR SRI. AJITH A SHETTY., ADVOCATE)
AND:
ATTORNEY HOLDER, MR. WALTER VAZ, S/O RAYMOND VAZ, AGED ABOUT 60 YEARS, RESIDING AT ECHENWEG - 941 352, KLEINENBROICH, KORSCHENBROICH, GERMANY.
…RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Ms.Archana., learned counsel on behalf of Sri.Ajith
A.Shetty., for appellants has appeared in person.
The appeal is listed today for orders regarding dismissal of appeal for non-compliance of office objections.
Learned counsel for appellants submits that short accommodation may be granted to comply office objections.
Submission is noted.
RSA No. 31 of 2019
As could be seen from the daily order sheet, the appeal was listed on 31.05.2023 and two days time was granted to comply office objections, failing which the appeal was ordered to be listed for dismissal on 05.06.2023.
The appeal is listed today. So far, office objections are not complied.
Despite giving several opportunities, appellants have not instructed the counsel on record to comply office objections. It appears that appellants are not diligent in prosecuting the appeal.
In view of earlier peremptory order dated:31.05.2023, the Regular Second Appeal is dismissed for non-compliance of office objections.
Sd/JUDGE
NR List No.: 1 Sl No.: 12
1 issue framed by the court
Whether to dismiss the regular second appeal for non-compliance of office objections after earlier peremptory order.
1 provisions across 1 enactments
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Sri A J Shetty
Jyoti Mulimani
As recorded by the court registry
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