A regular second appeal arising from dismissal of a suit for specific performance was dismissed for non-compliance with office objections after a final opportunity with costs was not taken up by the appellant.
None; appeal stood dismissed for failure to comply with office objections and pay cost.
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IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD
DATED THIS 22ND DAY OF JULY, 2024
BEFORE
HON'BLE MR. JUSTICE C.M. POONACHA
RSA NO. 100467 OF 2022
BETWEEN:
KANCHANMALA D/O RANGANAGOUDA PATIL AGE: 48 YEARS, OCC: SERVICE, R/O: KATAGERI, TQ: BADAMI, DIST: BAGALKOT-587201
REPRESENTED BY HER GENERAL POWER OF ATTORNEY HOLDER, SHRI. RANGAPPA S/O SHESHAGIRAPPA NEELREDDY AGE: 54 YEARS, OCC: ADVOCATE, R/O: KATAGERI, TQ: BADAMI, DIST: BAGALKOT-587201
... APPELLANT
(BY SRI. SHIVARAJ S. BALLOLI, ADV. FOR APPELLANT)
AND
2 . SHRI. NARASHIMHAPRASAD SUBEDAR AGE: 63 YEARS, OCC: AGRICULTURE, R/O: ARBAN GALLI, NARAGUND DIST: GADAG
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...RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 12.01.2021 PASSED IN R.A.NO.191/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, GADAG, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.10.2019, PASSED IN O.S. NO.37/2011 ON THE FILE OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, NARAGUND, DISMISSING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;
O R D E R
“Having regard to the order dated 05.04.2024, the above appeal is required to be dismissed.
However, as a final opportunity, one week time is granted to comply with the office objections, subject to payment of cost of Rs.1,000/- 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
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and the 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 27/08/2024. Counsel for the appellant has not complied with the office objection at Sl. No. 3(a) and has not filed the memo a/w acknowledgment for having paid the cost. Hence, this RSA No. 100467/2022 stand dismissed without further orders from this Court as per the Court Order dated 22.07.2024.
SD/-
ASSISTANT REGISTRAR .
R- By:C- By:-jm T- By: - cnb
Kanchanmal D/o Ranganagouda Patil (represented by GPA holder Rangappa Neelreddy)
Kesari Prasad Subedar
Narashimhaprasad Subedar
Dr. Goudappa Gouda Badragouda
C.M. Poonacha
As recorded by the court registry
2 orders share this CNR
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