High Court of Karnataka allowed one week to comply with office objections and pay cost. Non-compliance led to automatic dismissal of the appeal under Section 100 CPC. Appellant failed to comply.
Discsmissed the appeal for non-compliance with office objections and payment of cost.
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.
1
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD
DATED THIS 08TH DAY OF JULY, 2024
BEFORE
HON'BLE MR. JUSTICE C.M.POONACHA
RSA NO 100201/2023
BETWEEN:
OCC: AGRICULTURE, R/O NAGASAMUDRA VILLAGE, TALUKA AND DISTRICT GADAG 581107.
...APPELLANT
(BY SRI : SRINIVAS B NAIK, ADVOCATE FOR APPELLANT)
AND
OCC: AGRICULTURE.
AGE :42 YEARS, OCC AGRICULTURE.
2
3 . SMT GADIGEVVA W/O GADIGEPPA AMATENNAVAR AGE :41 YEARS, OCC :HOUSEHOLD, 4 . SMT BASAVVA W/O NINGAPPA KUNIKERI AGE: 67 YEARS, OCC:HOUSEHOLD, ALL ARE R/O VADAGANAL VILLAGE, TALUKA AND DISTRICT KOPPAL583231.
…RESPONDENTS
RSA FILED U/SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.12.2021 PASSED IN R.A.NO.20/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, AT KOPPAL, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 31.01.2020 PASSED IN O.S. NO.56/2013 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, AT KOPPAL, DISMISSING THE SUIT FILED FOR PARTITION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;
O R D E R
“It is forthcoming from the order dated 01.04.2024 that five weeks time was granted to comply with the office objections, failing which the appeal
3
would stand dismissed. Having regard to the said order, the appeal would be required to be dismissed.
However, in view of the plea made by the learned counsel for the appellant, one week time is granted to comply with the office objections, subject to 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 office objections are not complied and cost is not paid within one week, the above appeal shall automatically stand dismissed without further orders from 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 8 and has not filed the memo A/w cost paid receipt. Hence, this RSA No. 100201/2023 stands dismissed without further orders from the Court as per the Court Order dated 08.07.2024.
SD/-
ASSISTANT REGISTRAR .
R- By:C- By:-rk T- By: -psl
1 issue framed by the court
Whether the appeal under Section 100 CPC should be dismissed for non-compliance with office objections and payment of cost.
1 provisions across 1 enactments
Smt Pushpavati W/o Hanamantagouda
Mallappa S/o Ningappa Kunikeri
Ayyappa S/o Ningappa Kunikeri
Smt Gadigeuva W/o Gadigeppa
Smt Basavva W/o Ningappa Kunikeri
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
