This judgment dismisses a special appeal filed under Section 100 of the CPC for non-compliance of office objections. Although two weeks' time was granted in 2021 to regularize objections, the respective parties failed to comply, leading to the dismissal of the appeal.
The special appeal was dismissed for non-compliance of office objections.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
R.S.A.NO.913/2018 (DEC)
BETWEEN:
CHINNAPPA
DIED BY LRS
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ALL ARE R/A OLD TANDAVADI ROAD MALUR TALUK KOLAR DISTRICT-563130
… APPELLANTS
[BY SRI RASHEED KHAN, ADVOCATE]
AND:
KRISHNOJI RAO DIED BY LRS
BOTH NO.1 & 2 ARE
R/A CHICKUNTHUR VILLAGE TEKAL HOBLI, MALUR TALUK KOLAR DISTRICT-563130
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9 . VENKATESHAPPA DIED BY LRS
ALL ARE R/AT PATTANUGUR AGRAHAR BEHIND ITPL WHITEFIELD BENGALURU.
D/O LATE A K MUNYAPPA AGED ABOUT 44 YEARS R/A JANGAMASIGEHALLI VILALGE MUTHENAHALLI POST KAIVAR HOBLI CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT
BOTH ARE R/AT KATTERI SONNEHALLI VILLAGE KASABA HOBLI MALUR TALUK KOLAR DISTRICT
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13 . SMT. THILAKA D/O LATE ANJENEYA REDDY AGED ABOUT 34 YEARS R/A TYPIST FIRST GRADE COLLEGE OORGAUM, KGF.
15 . S.A.DAYANANDA REDDY S/O S.ANJANERA REDDY AGED ABOUT 32 YEARS R/A SONNENAHALLI VILALGE MALUR TALUK KOLAR DISTRICT
16 . S A BHANUMATHI S/O S A ANJANEYA REDDY AGED ABOUT 26 YEARS R/A SONNEHALLI VILLAGE MALUR TALUK KOLAR DISTRICT
… RESPONDENTS
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 24.01.2018 PASSED IN R.A.NO. 143/2014 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, KOLAR (SITTING AT KGF), DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 02.09.2014 PASSED IN OS.NO.448/1997 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AT KGF.
THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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J U D G M E N T
This appeal was filed in the year 2018. This Court, vide order dated 23.10.2021 granted two weeks’ time to comply with the office objections and also made it clear that failing which, list this matter for dismissal. Even though two weeks’ time was granted on 23.10.2021, the office objections are not complied. Hence, the appeal is dismissed for non-compliance of office objections.
Sd/JUDGE
SN
1 issue framed by the court
Whether the special appeal filed under Section 100 of CPC should be dismissed for non-compliance of office objections despite an extension of time granted.
CHINNAPPA DIED BY LRS - K.RISHNAMMA
KRISHNOJI RAO DIED BY LRS - LAKSHMIBAI
THE SECRETARY PLD BANK
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
YELLAPPA DIED BY LRS - MUNIYAMMA
VENKATESHAPPA DIED BY LRS - SHARADAMMA
H.P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
