Regular second appeal barred by non-compliance of office objections. The High Court adjourned on cost payment but ultimately dismissed the appeal for default following non-compliance within the stipulated week.
RSA No. 100277/2015 is dismissed without further orders due to non-compliance of office objections.
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IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD
DATED THIS 22TH DAY OF JULY, 2024
BEFORE
HON'BLE MR. JUSTICE C M POONACHA
RSA NO 100277/2015
BETWEEN:
DIST: BALLARI..
... APPELLANT
(By Sri. ANAND.R.KOLLI, ADVOCATE FOR APPEALLANT)
AND
..RESPONDENTS
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REGULAR SECOND APPEAL UNDER SECTION 100 OF CPC, PRAYING TO, CALL FOR THE RECORDS AND PERVASIVE OF THE SAME AND SET ASIDE THE JUDGMENT AND DECREE IN RA NO.66/2013 PASSED BY THE LEARNED HON’BLE SENIOR CIVIL JUDGE & JMFC KUDLIGI AND CONFIRMING THE JUDGMENT AND DECREE IN OS NO.103/2011 PASSED BY THE HON’BLE CIVIL JUDGE AND JMFC SANDUR.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;
O R D E R
Learned counsel for the appellant submits that all the office objections have been complied with except the payment of Court fee. Office to verify.
Learned counsel for the appellant seeks for a further accommodation to pay the Court fee.
It is noticed that this Court vide order dated 06.11.2015, had dismissed the above appeal for default and vide order dated 18.11.2021, I.A. Nos.1 and 2 of 2019 were allowed and the said order was recalled. thereafter, the above appeal has been listed before the Court on 3 occasions, despite which, the office objections have not been complied with.
The matter is being adjourned on payment of cost of Rs.3,000/- to be payable to the Advocates Library Fund, High Court of Karnataka, Dharwad Bench, Dharwad, making it clear that if the office objections are not complied with and the cost is not paid within one week, the above appeal shall automatically stands dismissed without further orders from the Court.
SD/JUDGE
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//COPY//
Note:- As per endorsement made in the order sheet dated 29.08.2024. Advocate for the appellant has not complied with the office objections at SI No. 3, 5 & 6 and has paid the cost of Rs. 3,000/- to the advocate library fund, High Court of Karnataka, Dharwad Bench, Dharwad. Hence, this RSA No. 100277/2015 stands dismissed without further orders from the Court as per the Court Order dated 22.07.2024.
SD/ASSISTANT REGISTRAR .
R- By:C- By:-rv T- By: -psl
1 provisions across 1 enactments
T. GOWRAMMA W/O NAGESH
T. KUMARASWAMY S/O LATE THIPPANNA
T. SATHYANARAYANA S/O. LATE THIPPANNA
C M POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
