Second appeal filed for declaration against concurrent dismissal of the suit. The appeal was dismissed for non-compliance with office objections and non-payment of cost despite repeated time being granted.
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1
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD
DATED THIS 15TH DAY OF JULY, 2024
BEFORE
HON'BLE MR. JUSTICE C.M.POONACHA
RSA NO. 100020/2021(DEC)
BETWEEN:
...APPELLANT
(BY SRI : ALTAF HUSSAIN A KAMANGAR, ADVOCATE FOR APPELLANT) AND
1 . SMT. RUKMABAI VISHNU BANGALE AGE. 79 YEARS, OCC. HOUSEHOLD, R/O. BARGAL, DEVALMAKKI, TALUK. KARWAR
2 . SMT. MANGALA @ SUMAN W/O NARAYAN INGLEKAR AGE. YEARS, OCC. HOUSEHOLD WORK, R/O. NAITISAVAR, DEVLAMAKKI, TALUK KARWAR
…RESPONDENTS
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RSA FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.02.2020 PASSED IN R.A.NO.79/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, KARWAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.04.2019, PASSED IN O.S. NO.63/2009 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE KARWAR, DISMISSING THE SUIT FILED FOR DECLARATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;
O R D E R
Learned counsel for the appellants present.
This Court vide order dated 28.03.2024 has granted five weeks time to comply with the office objections, failing which the appeal stands dismissed.
Although the appeal is required to be dismissed in terms of the order dated 01.04.2024, in view of the request made by the learned counsel for the appellant, one week time is granted subject to the payment of cost of Rs.1,000/-to the Advocates Library Fund ,High Court of Karnataka, Dharwad Bench, Dharwad, making it clear that if the cost is not paid and the office objections are not complied with within one week, the appeal shall automatically stands dismissed without further reference to the Court.
SD/-
JUDGE
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//COPY//
Note:- As per endorsement made in the order sheet dated 19.08.2024. The counsel for the appellant has not complied with office objections at Sl.No.1 to 9 and has not filed the memo a/w cost paid receipt. Hence, this RSA No. 100020/2021 stands dismissed without further reference to the Court as per the Court Order dated 15.07.2024.
SD/ASSISTANT REGISTRAR
R- By:-rv C- By:-rv T- By: -psl
1 provisions across 1 enactments
Smt. Soby Thomas
Smt. Rukmabai Vishnu Bangale
Smt. Mangala @ Suman w/o Narayan Inglekar
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
