The appeal was listed for orders after failing to comply with office objections within the initial five-week period. The court granted one additional week subject to a cost, which was subsequently not paid or complied with, leading to automatic dismissal.
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 8TH DAY OF JULY, 2024
BEFORE
HON'BLE MR. JUSTICE C.M. POONACHA
RSA NO. 100245 OF 2023
BETWEEN:
2
... APPELLANTS
(BY SRI. K.L. PATIL AND S.S. BETURMATH, ADVOCATES FOR APPELLANTS)
AND
NARASAPPA S/O BALAPPA MARATHE AGE.72 YEARS, OCC.AGRICULTURE R/O. KADAKOL, TQ. JAMKHANDI, DIST BAGALAKOTE-587119
...RESPONDENT
RSA FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 29.09.2022 PASSED IN R.A.NO.4/2022 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE JAMKHANDI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 10.12.2021, PASSED IN O.S. NO.96/2012 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, JAMKHANDI, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;
3
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 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. Counsel for the appellants has not complied with the office objections at Sl. No. 1 to 9 and has not filed the memo a/w cost paid receipt. Hence, this RSA No. 100245/2023 stands dismissed without further orders from the Court as per the Court Order dated 08.07.2024.
SD/ASSISTANT REGISTRAR .
R- By:-jm C- By:-rk T- By: - cnb
1 provisions across 1 enactments
Kumari Shruti
Kumari Keerti
Kumar Gangadhar
Smt. Jayawwa
Parasappa
Shrishail
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
