Dismissed

Smt. Shantabai W/O Bacharam Jadhav v. Shri Sagar S/O Sadashiv Jadhav

Karnataka HC15 Jul 2024RSA/100139/2023

Case brief

AI extract

What is this about?

This is an appellate order (RSA) regarding a civil suit appeal. The High Court granted an extension after alloting time for office objections, but ultimately dismissed the appeal for non-compliance with procedural requirements and failure to pay specified costs within the granted time.

What did the court decide?

The appeal is dismissed for non-compliance with office objections and failure to pay the cost of Rs. 1,000/- to the Advocates Library Fund within one week.

Smt. Shantabai W/O Bacharam Jadhav Vs Shri… — Civil Procedure and Limitation | Karnataka HC (2024)

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH, DHARWAD

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DATED THIS 15^TH DAY OF JULY, 2024

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BEFORE

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HON'BLE MR. JUSTICE C.M.POONACHA

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RSA NO 100139/2023

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BETWEEN:

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1 . SMT. SHANTABAI W/O BACHARAM JADHAV AGE 71 YEARS OCC :AGRICULTURE R/O: MATTIWADE VILLAGE TQ: CHIKKODI DIST :BELAGAVI 591201

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...APPELLANT

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(BY SRI : SHIVARAJ S BALLOLI, ADVOCATE FOR APPELLANT)

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AND

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1 . SHRI SAGAR S/O SADASHIV JADHAV NOW CALLING HIMSELF AS SAGAR S/O BACHARAM JADHAV AGE 50 YEARS OCC :AGRICULTURE R/O: MATTIWADE VILLAGE TQ: CHIKODI DIST: BELAGAVI 591201

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…RESPONDENT

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RSA FILED U/SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.03.2022 PASSED IN R.A.NO.07/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, NIPPANI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.02.2019, PASSED IN O.S. NO.59/2010 ON THE FILE OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, NIPPANI DISMISSING THE SUIT FILED FOR DECLARATION AND CONSEQUENTIAL RELIEF OF PERMANENT INJUNCTION.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;

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O R D E R

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“Learned counsel for the appellants present.

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This Court vide order dated 01.04.2024 has granted five weeks time to comply with the office objections failing which the appeal stands dismissed.

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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

//COPY//

Note:- As per endorsement made in the order sheet dated 25.09.2024. Advocate for the appellant has not complied with the office objections at sl.no. 1 to 19 and has not filed the memo A/w cost paid receipt. Hence, this RSA No. 100139/2023 stands dismissed without further reference to the Court as per the Court Order dated 15.07.2024.

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SD/ASSISTANT REGISTRAR .

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R- By:C- By:-rv T- By: -psl

Smt. Shantabai W/O Bacharam Jadhav v. Shri Sagar S/O Sadashiv Jadhav

Case brief

What is this about?

What did the court decide?

Smt. Shantabai W/O Bacharam Jadhav v. Shri Sagar S/O Sadashiv Jadhav

Case brief

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What did the court decide?

What the court decided

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