Dismissed

Sri Sullimada Rathi v. Smt Puruvangada Parvathy

Karnataka HC1 Jun 2023RSA/741/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka at Bengaluru, a Regular Second Appeal, was filed for orders regarding dismissal for non-compliance. The Court observed that appellants failed to comply with a prior peremptory order despite several opportunities, deeming them not diligent. Consequently, the appeal was dismissed.

What did the court decide?

The appeal is dismissed for non-compliance of office objections.

Sri Sullimada Rathi Vs Smt Puruvangada… — Civil Procedure and Limitation | Karnataka HC (2023)

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RSA No. 741 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.741 OF 2018 (RES)

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BETWEEN:

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SRI SULLIMADA RATHI KUSHALAPPA, W/O. LATE KUSHALAPPA, AGED ABOUT 64 YEARS,

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SRI SULLIMADA KARIAPPA S/O LATE KUSHALAPPA, AGED ABOUT 35 YEARS,

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SULLIMADA LEENA D/O LATE KUSHALAPPA, AGED ABOUT 33 YEARS,

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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ALL APPELLANTS HERE IN RESIDING AT DEVANOOR VILLAGE, RAJAPURA POST, VIRAJPET TALUK, KODAGU DISTRICT. ALSO AT: DEVANOOR VILLAGE & POST, PONNAMPET NAD, SOUTH KODAGU -571 216.

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…APPELLANTS

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(BY MISS.NANDITHA NAIR, ADVOCATE FOR SMT.MEENA, ADVOCATE FOR LEXPLEXUS)

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AND:

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SMT. PURUVANGADA PARVATHY, W/O LATE UTHAIAH, AGED ABOUT 71 YEARS,

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RSA No. 741 of 2018

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SMT. PARUVANGADA KALAVATHI D/O LATE UTHAIAH,

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AGED ABOUT 41 YEARS,

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BOTH RESPONDENT Nos.1 & 2 HEREIN R/AT NALLUR VILLAGE, KIRGOOR POST, PONNAMPET NAD, SOUTH KODAGU -571 216.

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…RESPONDENTS

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.

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THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Smt.Meena., learned counsel for appellants., has

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appeared in person.

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The captioned appeal is listed today for orders regarding dismissal of appeal for non-compliance of office objections.

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Learned counsel for appellants submits that short accommodation may be granted to comply office objections.

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Submission is noted.

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As could be seen from the daily order sheet, the appeal was listed on 24.05.2023 and finally a week's time was granted

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RSA No. 741 of 2018

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to comply office objections, failing which office was directed to list this matter for dismissal on 01.06.2023.

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The appeal is listed today. So far, office objections are not complied with.

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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.

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In view of earlier peremptory order dated:24.05.2023, the Regular Second Appeal is dismissed for non-compliance of office objections.

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Sd/JUDGE

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NR List No.: 1 Sl No.: 12

Sri Sullimada Rathi v. Smt Puruvangada Parvathy

Case brief

What is this about?

What did the court decide?

Sri Sullimada Rathi v. Smt Puruvangada Parvathy

Case brief

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