Regular Second Appeal filed under Section 100 CPC was dismissed because appellants failed to comply with a peremptory order to pay court fees and objections within two weeks.
None. Appeal dismissed for non-compliance of office objections and non-payment of cost.
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 6TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 636 OF 2020 (PAR)
BETWEEN:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
DAVANAGERE DISTRICT PIN CODE-577 231
…APPELLANTS
(BY SRI. A. NAGARAJAPPA, ADVOCATE)
AND:
RSA No. 636 of 2020
RESIDING AT KANIVEBILICHI VILLAGE BASAVAPATNA HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT PIN CODE-577 231
(RESPONDENTS NO.1 TO 6 ARE LEGAL HEIRS/REPRESENTATIVES OF THE DECEASED 1ST PLAINTIFF, WHO DIED DURING THE PENDENCEY OF THE APPEAL BEFORE THE FIRST APPELLATE COURT, WERE NOT BROUGHT ON RECORD AS LR's)
RSA No. 636 of 2020
W/O PAREPPARA PAKEERAPPA AGED ABOUT 76 YEARS RESIDING AT HONDADA ROAD THYAPERA GALLI DAVANAGERE CITY PIN CODE-577 003
RSA No. 636 of 2020
DAVANAGERE DISTRICT PIN CODE-577 231
…RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.10.2019 PASSED IN RA NO.29/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., AT CHANNAGIRI ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 02.11.2017 PASSED IN OS NO.201/2009 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC., CHANNAGIRI.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This Court vide order dated 19.01.2023, granted two weeks time to comply with the office objections on payment of cost of Rs.1,000/-. Inspite of the same, till date the office objections are not complied with and cost is also not paid.
Hence, in view of the peremptory order dated 19.01.2023, the appeal is dismissed for non-compliance of office objections and non-payment of cost.
Sd/JUDGE
CP
List No.: 2 Sl No.: 19
Sri Krishnoji Rao
Sri Ramachandra Rao
Smt. Gowramma
Smt. Kaveri
Smt. Savitha
Smt. Kalpana
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
