A regular second appeal filed under Section 100 of the CPC was dismissed forwant of appearance and non-compliance of office objections along with unpaid costs, being listed for final orders on 19.07.2023.
The appeal was dismissed for non-compliance of office objections and non-payment of costs.
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.
NC: 2023:KHC:25108 RSA No. 726 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.726 OF 2022 (SP)
BETWEEN:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:25108 RSA No. 726 of 2022
AGRICULTURISTS, R/O KABBALA VILALGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT.
…APPELLANTS
(BY SRI. MANJUNATH N.D., ADVOCATE [ABSENT])
AND:
V.SRINIVASA S/O LATE RAMA RAO, AGED ABOUT 51 YEARS, AGRICULTURIST, R/A KABBALA VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT.
…RESPONDENT
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELIEFS.
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
When the matter is called there is no representation on behalf of appellants.
The appeal is listed today for orders regarding dismissal of appeal for non-compliance of office objections.
As could be seen from the daily order sheet, the appeal
was listed on 15.02.2023. On that day, two weeks time was granted to comply office objections subject to payment of cost
of Rs.1,000/- (Rupees One Thousand only) payable at the Registry, failing which, the appeal was ordered to be listed for dismissal.
The appeal is listed today. So far, office objections are not complied with and cost of Rs.1,000/- (Rupees One Thousand only) is also not paid.
It appears that the appellants have not instructed the counsel on record to comply office objections.
In view of earlier peremptory order dated:15.02.2023, the Regular Second Appeal is dismissed.
Sd/JUDGE
TKN List No.: 1 Sl No.: 12
1 issue framed by the court
Whether a regular second appeal mandatorily dismissed for non-compliance of office objections and non-payment of costs must be entertained personally by the litigant.
1 provisions across 1 enactments
Sri. Halesh Naik S/O Late Lokya Naik
Smt. Manjula Bai W/O Late Chandra Naik
Sri. Prakash Naik S/O Late Lokya Naik
Smt. Bebi Bai W/O Halesh Naik
Smt. Pushpabai D/O Late Suresh
Sri. Kishore @ Jitendra S/O Prakash Naik
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
