The High Court of Karnataka dismissed a regular first appeal for non-prosecution, noting that office objections regarding the non-payment of court fee remained uncomplied with.
The regular first appeal was dismissed for non-prosecution.
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: 2024:KHC:37719 RFA No. 1838 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 1838 OF 2021 (RES)
BETWEEN:
W/O LATE KARIGWODA @ SHANKAREGOWDA AGED ABOUT 39 YEARS
D/O LATE KARIGOWDA @ SHANKAREGOWDA AGED ABOUT 16 YEARS
D/O LATE KARIGOWDA @ SHANKAREGOWDA AGED ABOUT 14 YEARS
Digitally signed by MALATESH K C
Location: HIGH COURT OF KARNATAKA
D/O LATE KARIGOWDA @ SHANKAREGOWDA AGED ABOUT 12 YEARS
D/O LATE KARIGOWDA @ SHANKARE GOWDA AGED ABOUT 12 YEARS
APPELLANT NO.2 TO 5 ARE MINORS, REPRESENTED BY THEIR NATURAL GUARDIAN AND MOTHER OF 1ST APPELLANT
ARAKERE HOBLI SRIRANGAPATANA TALUK MANDYA DISTRICT - 571 430
…APPELLANTS
(BY SRI. GIRISH B BALADARE., ADVOCATE)
AND:
THE ASSISTANT ENGINEER CHESCOM, MANDYA, MANDYA DISTRICT - 571 430
…RESPONDENT
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.09.2018 PASSED IN OS No.84/2017 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM, MANDYA PARTLY DECREEING THE SUIT FOR DAMAGES
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Appeal came to be filed on 29.09.2021. Till today, office objections are not complied with. One of the major objections that has been raised is that Court fee is not
NC: 2024:KHC:37719 RFA No. 1838 of 2021
paid. Accordingly, the appeal stands dismissed for non-
prosecution.
Sd/(V SRISHANANDA) JUDGE
JJ List No.: 1 Sl No.: 29
1 issue framed by the court
Whether the regular first appeal stands dismissed due to non-payment of court fee.
SMT. MAHADEVAMMA
SAHANA
HARSHITHA
DHANUSHREE
DIVYASHREE
THE ASSISTANT ENGINEER CHESCOM, MANDYA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
