Regular second appeal under Section 100 CPC against dismissal of a suit for specific performance of contract. Counsel sought time to comply with office objections; the court granted one week on payment of Rs.1,000 cost, and the appeal was later dismissed for non-compliance.
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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. 100696 OF 2022
BETWEEN:
K.N. TIMMAPPA CHOWDRY S/O LATE K.N.RAMAPPA AGE. 60 YEARS, OCC. AGRICULTURIST R/O. KAKARLATHOTA, BALLARI - 583101
... APPELLANT
(BY SRI. S.C. HARTI, ADV. FOR APPELLANT)
AND
M. SAMBASHIVA RAO S/O M.ASHWATHMAIAH AGE. MAJOR, OCC. CUDDAPAH SLAB MERCHANT R/O. 2ND CROSS, VENKATESHWARA NAGAR, BALLARI -583101
...RESPONDENT
RSA FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.10.2021 PASSED IN R.A.NO.18/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE BALLARI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 05.01.2018, PASSED IN O.S. NO.128/2010 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BALLARI, DISMISSING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF
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CONTRACT.
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
//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 20 and has not filed the cost memo a/w cost paid receipt. Hence, this RSA No. 100696/2022 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
K.N. Timmappa Chowdry
M. Sambashiva Rao
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
