The High Court of Karnataka dismissed a Regular Second Appeal for non-compliance of office objections and failure to pay stamp duty costs despite peremptory orders.
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RSA No. 986 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF MAY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.986 OF 2018 (DEC/INJ)
BETWEEN:
SRI K M ANNAYAPPA S/O LATE MUNIVENKATAPPA, AGED 70 YEARS, R/A MUTHKUR VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT - 562 114.
…APPELLANT
(BY SRI. JAGADEESHACHARI., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
RSA No. 986 of 2018
ALL ARE R/AT MUTHKUR VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK - 562 114. BANGALORE RURAL DISTRICT.
SRI RAJANNA S/O MUNIYAPPA, SINCE DEAD BY LR'S
ALL ARE R/AT MUTHKUR VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK - 562 114. BANGALORE RURAL DISTRICT.
SRI M V NAGARAJ S/O LATE VENKAARAMANAPPA, SINCE DEAD BY LR'S
RSA No. 986 of 2018
AGED ABOUT 50 YEARS,
ALL ARE R/AT DAMODHARASWAMY TEMPLE, MUTHKUR VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT -562 114.
…RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS.
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Jagadeeshachari., learned counsel for appellant has
appeared in person.
The captioned appeal is listed today for orders regarding
dismissal of appeal for non-compliance of office objections.
Learned counsel for appellant submits that short accommodation may be granted to comply office objections.
Submission is noted.
As could be seen from the daily order sheet, the appeal was listed on 20.04.2023 and finally two weeks time was
RSA No. 986 of 2018
granted to comply office objections, subject to payment of cost of Rs.1,000/- (Rupees One Thousand only), failing which office was directed to list this matter for dismissal.
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.
Despite giving several opportunities, appellant has not instructed the counsel on record to comply office objections. It appears that appellant is not diligent in prosecuting the appeal.
In view of earlier peremptory order dated:20.04.2023, the Regular Second Appeal is dismissed for non-compliance of office objections.
Sd/JUDGE
NR List No.: 1 Sl No.: 15
Sri K M Annayappa
Lingappa & Ors.
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
