Second appeal filed under Section 100 CPC against concurrent dismissal of a suit for possession. Counsel sought time to comply with office objections despite an earlier conditional order; one week was granted on payment of Rs.1,000 cost. On non-compliance, the appeal stood automatically dismissed.
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IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD
DATED THIS 25TH DAY OF JUNE, 2024
BEFORE
HON'BLE MR. JUSTICE C.M. POONACHA
RSA NO. 100673 OF 2022
BETWEEN:
SMT. HOLALWWA W/O. LAXMAPPA HULYAL @ HULIYAL SINCE DECEASED BY LRS
1(A) SHANKAR S/O. LAXMAPPA HULYAL @ HULIYAL AGE ABOUT 62 YEARS, OCC. PENSIONER, R/O. H. NO.311, 7TH CROSS, NEAR RNS FACTORY, SAHADEVNAGR, OLD HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD, PIN CODE NO.580024
... APPELLANT
(BY SRI. ASHOK T. KATTIMANI, ADV. FOR APPELLANT)
AND
SIDDAPPA BHIMAPPA CHALAWADI AGE ABOUT 43 YEARS, OCC. COOLIE, R/O. 1ST CROSS, NEAR CHURCH, RAMANAGAR, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD, PIN CODE NO.580020
...RESPONDENT
RSA FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.12.2021 PASSED IN
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R.A.NO.77/2017 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT, HUBBALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11.07.2017, PASSED IN O.S. NO.881/2011 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT, HUBBALLI, DISMISSING THE SUIT FILED FOR POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;
O R D E R
“Learned counsel for the appellants seeks for further time to comply with the office objections.
It is forthcoming that, this Court vide order dated 25.03.2024 granted four weeks time failing which, the appeal would stands dismissed.
Having regard to the Order dated 25.03.2024, the appeal is required to be dismissed. However, in view of the plea made by the learned counsel for the appellants, a week time is granted subject to the appellant paying 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 within one week, the above appeal shall automatically stands dismissed without further reference to the Bench. ”
SD/JUDGE
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//COPY//
Note:- As per endorsement made in the order sheet dated 09.08.2024. Counsel for the appellant has not complied with the office objections at Sl. No. 1 to 10 and has not filed the cost memo a/w cost paid receipt. Hence, this RSA No. 100673/2022 stands dismissed without further reference to the Bench as per the Court Order dated 25.06.2024.
SD/ASSISTANT REGISTRAR .
R- By:-jm C- By:-rv T- By: - cnb
1 provisions across 1 enactments
Smt. Holalwwa W/o. Laxmappa Hulyal @ Huliyal since deceased by LRs (1(A) Shankar S/o. Laxmappa Hulyal)
Siddappa Bhimappa Chalawadi
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
