The court dismissed an appeal that remained unlisted for non-compliance of office objections granted over a four-year period.
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.
RSA No. 879 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.879 OF 2018 (PAR)
BETWEEN:
(BY SRI CHANDRANATH ARIGA K, ADVOCATE)
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
7(c). SMT. SUNANDA, MAJOR, W/O LATE ANNU SHETTY, D/O VITTALA DRIVER, R/O MALLENAHALLI, POST: HALASIBALU VILLAGE, CHIKKAMAGALURU DISTRICT.
7(g). SMT. VARIJA, MAJOR, W/O RAJU MADIVALA, MARAYAKODI HOUSE, POST: KOMPADAVU, MANGALURU TALUK, D.K. DISTRICT.
7(h). SRI PARAMESHWARA, MAJOR W/O LATE THYAMPA MADIVALA, KODIBETTU HOUSE, ODILNALA MADDADKA VILLAGE, POST: ODILNALA, BELTHANGAY TALUK, D.K. DISTRICT. 8. SRI CHANDAPPA MADIVALA, MAJOR, S/O KORAGA MADIVALA, AGRICULTURIST, R/O KAYARTHADKA, POST: KUVETTU VILLAGE BELTHANGADY TALUK, D.K.
RSA No. 879 of 2018
9(c). M.K. CHINNAYA MADIVALA, AGED ABOUT 68 YEARS, S/O LATE VEERAIAH MADIVALA, R/O VEERA NILAYA, POST: KODANGALLU-574 197. KARKALA TALUK, MOODABIDRI, UDUPI DISTRICT.
9(e). SMT. VARIJA, AGED ABOUT 62 YEARS, W/O YELLAPPA MADIVALA, PALKE, POST: KADANDALE, VIA KINNIGOLI, MANGALURU TALUK, D.K.
9(f). SMT. VANAJA, AGED ABOUT 59 YEARS, W/O JAYARAMA MADIVALA, R/O VEERA NILAYA, POST: KODANGALLLU-574 197, KARKALA TALUK, MOODABIDRI, UDUPI DISTRICT.
RSA No. 879 of 2018
R14 TO R18 ARE R/O RAMA KRIPA, AMBIKA ROAD, SOMESHWARA VILLAGE, POST: KOTEKAR, MANGALURU TALUK, D.K. DISTRICT.
RSA No. 879 of 2018
C/O PRAKASH LAUNDRY, FARANGI PETE, BANTWLA TALUK. D.K.
…RESPONDENTS
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 06.09.2003 PASSED IN O.S.NO.248/1992 ON THE FILE OF THE I CIVIL JUDGE AND JMFC, BELTHANGADY, D.K. AND TO SET ASIDE THE JUDGMENT AND DECREE DATED 01.01.2018 IN R.A.NO.32/2009, ON THE FILE OF THE PRINCIPAL SEHNIOR CIVIL JUDGE, D.K., MANGALURU.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
This appeal was filed in the year 2018 and the matter was listed for the first time before the Registrar (Judicial) on 26.09.2018 for compliance of office objections and the learned counsel for the appellants was absent. However, one week time was granted to comply with the office objections and it was made clear that if the office objections are not complied within one week, post the case before the Court. Accordingly, the matter was listed before the Court on 04.02.2019 and at the request of the learned counsel for the appellants, four weeks time was granted to do the needful. On 14.10.2019, this Court granted three weeks time to
RSA No. 879 of 2018
comply with the office objections and made it clear that if the office objections are not complied within such period, the appeal shall be listed for dismissal. On 23.10.2021, two weeks time was granted to comply with the office objections, failing which to list the matter for dismissal.
Sd/JUDGE
MD
List No.: 2 Sl No.: 10
MRS. LOKAMMA (DEAD), AGED ABOUT 88 YEARS, W/O RAMA MADIVALA
MR. SRIDHARA SALIAN, MAJOR, S/O RAMA MADIVALA
MRS. UMAVATHI, MAJOR, W/O LATE ANNI MADIVALA
MR. GOPALA, MAJOR, S/O LATE ANNI MADIVALA
MR. GANESHA, MAJOR, S/O LATE ANNI MADIVALA
MRS NALINI, MAJOR, W/O LAXMAN
H.P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
