The High Court of Karnataka dismissed a regular second appeal filed under Section 100 of the CPC due to non-compliance with office objections and failure to pay the prescribed cost within the stipulated timeframe.
Regular Second Appeal No. 896 of 2019 was dismissed.
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. 896 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 896 OF 2019
BETWEEN:
SRI. BHEEMAIAH S/O LATE KUNTAPPA AGED ABOUT 62 YEARS, R/AT NO. 118/119, YADAVANAHALLI VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT.
…APPELLANT
[(BY SRI. C.SARASWATHI, ADVOCATE (ABSENT)]
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
RSA No. 896 of 2019
THE RESPONDENTS 1 TO 6 ARE R/AT YADAVANAHALLI VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT.
…RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF 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 the appellant.
As could be seen from the daily order sheet, the appeal was listed on 21.02.2023 and two weeks time was granted to comply office objections subject to payment of cost of Rs.1,000/- (Rupees One Thousand only), failing which the appeal was ordered to be listed for dismissal.
The matter is listed today for orders regarding noncompliance of office objection in view of earlier peremptory order.
RSA No. 896 of 2019
Now we are in the month of May 2023. So far, office objections are not complied with and cost of Rs.1,000/(Rupees One Thousand only) is also not paid.
In view of earlier peremptory order dated:21.02.2023, the Regular Second Appeal is dismissed .
Sd/JUDGE
NR List No.: 1 Sl No.: 27
1 provisions across 1 enactments
Sri. Bheemiah S/o Late Kuntappa
Smt. Sarojamma W/o Late T. Srinivas
Smt. Muniyamma W/o Late Gullappa
Smt. Muniyamma W/o Late Sagappa
Smt. Yellamma D/o Late Sagappa
Smt. Ningamma D/o Late Sagappa
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
