Dismissed

Smt Jayalaxmi v. Sri Laxmi Narayani Diety

Karnataka HC19 Jul 2023RSA/907/2019

Case brief

AI extract

What is this about?

This Regular Second Appeal was dismissed under Section 100 of the CPC. The appellants failed to appear or comply with the court's previous order dated 22.02.2023, which granted time to comply with office objections upon payment of Rs. 1,000/- as cost. Being in default, the appeal was dismissed.

What did the court decide?

The Regular Second Appeal was dismissed due to non-compliance with office objections and failure to pay the prescribed cost.

Smt Jayalaxmi Vs Sri Laxmi Narayani Diety — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:25111 RSA No. 907 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI

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REGULAR SECOND APPEAL NO.907 OF 2019 (POS)

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BETWEEN:

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SMT. JAYALAXMI AGED 62 YEARS, W/O LATE GIRIDHAR NAYAK, R/AT DOOR NO.4-7-701, KODIALBAIL, KUDUMUL RANGA RAO ROAD, MANGALURU - 575 003.

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SRI. DEENANATH NAYAK, AGED 60 YEARS S/O LATE MANJUNATH NAYAK, R/AT DOOR NO.4-7-701, KODIALBAIL, KUDUMUL RANGA RAO ROAD, MANGALURU - 575 003.

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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SRI SURYAKANTH NAYAK, AGED 56 YEARS S/O LATE MANJUNATH NAYAK, R/AT DOOR NO.4-7-701, KODIALBAIL, KUDUMUL RANGA RAO ROAD, MANGALURU - 575 003.

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…APPELLANTS

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[(BY SRI.PUNDIKAI ISHWARA BHAT., ADVOCATE (ABSENT)]

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AND:

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SRI LAXMI NARAYANI DIETY, SRI. LAXMI NARAYANA TEMPLE, KODIALBAIL KUDMUL RANGA RAO ROAD, MANGALURU - 575 003, REPTD. BY ITS MANAGING TRUSTEE, SRI.K.KOPAL SHET

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NC: 2023:KHC:25111 RSA No. 907 of 2019

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SRI. K. KOPAL SHET, AGED 94 YEARS, S/O LATE GOVINDA SHET R/AT LAXMI BAGH, SHEDIGUDDA, KODIALBAIL, MANGALURU - 575 003.

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SRI. KRISHNA SHET, AGED 63 YEARS, S/O GOPAL SHET, R/AT LAXMI BAGH, SHEDIGUDDA KODIALBAIL, MANGALURU - 575 003.

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SRI. PRAVEEN SHET, AGED 59 YEARS S/O GOPAL SHET, R/AT LAXMI BAGH, SHEDIGUDDA KODIALBAIL, MANGALURU - 575 003.

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SRI. GOVARDHAN SHET, AGED 67 YEARS, S/O GOPAL SHET, R/AT LAXMI BAGH, SHEDIGUDDA KODIALBAIL, MANGALURU - 575 003.

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SRI. SUDHAKAR SHET, AGED 56 YEARS, S/O GOPAL SHET, R/AT LAXMI BAGH, SHEDIGUDDA KODIALBAIL, MANGALURU - 575 003.

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SRI SHARON RAVINDRA KOTIAN, AGED 42 YEARS, FATHER'S NAME NOT KNOWN, R/AT NALPAD BUILDING, 1^ST FLOOR, MALLIKATTA, KADRI, MANGALURU - 575 002.

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…RESPONDENTS

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- 3 - NC: 2023:KHC:25111 RSA No. 907 of 2019

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

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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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When the matter is called there is no representation on behalf of appellants.

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

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As could be seen from the daily order sheet, the appeal was listed on 22.02.2023. 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.

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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.

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It appears that the appellants have not instructed the counsel on record to comply office objections.

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NC: 2023:KHC:25111 RSA No. 907 of 2019

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In view of earlier peremptory order dated:22.02.2023,

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the Regular Second Appeal is dismissed.

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Sd/JUDGE

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TKN List No.: 1 Sl No.: 6

Smt Jayalaxmi v. Sri Laxmi Narayani Diety

Case brief

What is this about?

What did the court decide?

Smt Jayalaxmi v. Sri Laxmi Narayani Diety

Case brief

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