Regular Second Appeals filed under Section 100 of CPC challenging judgments in partition suits were dismissed for non-compliance with repeated court orders to comply with 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.
NC: 2023:KHC:32839 RSA No. 996 of 2023 C/W. RSA No. 998 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 996 OF 2023 (PAR/POS) C/W REGULAR SECOND APPEAL NO. 998 OF 2023 (PAR/POS)
IN R.S.A.NO.996 OF 2023:
BETWEEN:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
APPELLANT NOS.1 TO 4 ARE RESIDING AT KOTTANOOR VILLAGE AND POST SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT KARNATAKA-562 105.
NC: 2023:KHC:32839 RSA No. 996 of 2023 C/W. RSA No. 998 of 2023
RESIDING AT SAROVARA BEEDI DEVANAHALLI TALUK KARNATAKA-562 110.
…APPELLANTS
(BY SRI JAYARAJ D.S., ADVOCATE)
AND:
SRI K.N. SUBBA REDDY S/O LATE CHIKKA NARASIMHAIAH SINCE DECEASED BY HIS LRS
NC: 2023:KHC:32839 RSA No. 996 of 2023 C/W. RSA No. 998 of 2023
S/O LATE K.N. SUBBA REDDY AGED ABOUT 53 YEARS RESIDING AT KOTTANOOR VILLAGE AND POST, SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT KARNATAKA-562 105.
NC: 2023:KHC:32839 RSA No. 996 of 2023 C/W. RSA No. 998 of 2023
CHIKKABALLAPURA DISTRICT KARNATAKA-562 105.
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 21.11.2015 PASSED IN R.A.NO.24/2013 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE CHICKBALLAPURA (SITTING AT CHINTAMANI) ALLOWING THE APPEAL AND MODIFYING THE JUDGEMENT AND DECREE DATED 19.01.2013 PASSED IN O.S.NO.102/2005 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, SIDLAGHTTA.
IN R.S.A.NO.998 OF 2023:
BETWEEN:
APPELLANT NOS.1 TO 4 ARE RESIDING AT KOTTANOOR VILLAGE AND POST SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT KARNATAKA-562 105.
…APPELLANTS (BY SRI JAYARAJ D.S., ADVOCATE)
NC: 2023:KHC:32839 RSA No. 996 of 2023 C/W. RSA No. 998 of 2023
AND:
SRI K.N. SUBBA REDDY S/O LATE CHIKKA NARASIMHAIAH SINCE DECEASED BY HIS LRS
NC: 2023:KHC:32839 RSA No. 996 of 2023 C/W. RSA No. 998 of 2023
SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT KARNATAKA-562 105.
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 21.11.2015 PASSED IN R.A.NO.31/2013 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, PARTLY ALLOWING THE APPEAL AND MODIFING THE JUDGEMENT AND DECREE DATED 19.01.2013 PASSED IN O.S.NO.102/2005 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, SIDLAGHTTA.
NC: 2023:KHC:32839 RSA No. 996 of 2023 C/W. RSA No. 998 of 2023
THESE APPEALS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Court vide order dated 30.8.2023 directed to comply with office objection within one week and if same is not complied, list these matters for dismissal for non-compliance. Inspite of it, the office objections are not complied and even in the morning session also directed to comply the office objection and inspite of it not complied the office objections. Earlier also on 16.8.2023, directed to comply with office objections and even repeatedly directed to comply with office objections and counsel on record not complied the office objections and hence, in view of the earlier order, these appeals are dismissed for non-compliance.
Sd/JUDGE
AP
List No.: 1 Sl No.:1
Smt. Vijayalakshmamma D/o Sri Kempegowda
Sri Nagesh S/o Sri Vijayalakshmamma
Sri Shankare Gowda S/o Vijayalakshmamma
Smt. Rajeshwari D/o Vijayalakshmamma
Smt. Annapurna (Baby) D/o Smt. Vijayalakshmamma
Smt. Parvathamma W/o Sri B.P.Rangaswamy
H.P. Sandesh
As recorded by the court registry
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