The High Court of Karnataka dismissed an appeal in a partition suit for failure to comply with office objections and payment of cost within the prescribed time limit.
The appeal is dismissed for non-compliance with office objections and failure to pay the levied cost.
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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 101043/2019
BETWEEN:
1 . VENKATRAMAN GANAPATHI BHAT SINCE DECEASED BY HIS LRS, 1(A) SMT. SEETABAI W/O VENKATRMAN BHAT AGE: 80 YEARS, OCC: HOUSEHOLD, R/O AT and POST : YELUGAR, TQ: SIDDAPUR, UTTAR KANNADA-581340
...APPELLANTS
(By Sri. : VENKATESH M KHARVI)
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AND
1 . VISHWANATH RAM BHAT AGE: 72 YEARS, OCC: AGRICULTURE, R/O AT AND POST: YELUGAR, TQ: SIDDAPUR, UTTAR KANNADA 2 . MANJUNATH DEVARU BHAT AGE: 70 YEARS, OCC: AGRICULTURE, R/O AT &POST: YELUGAR, TQ: SIDDAPUR, UTTAR KANNADA 3 . VINAYAK DEVARU BHAT AGE: 68 YEARS, OCC: AGRICULTURE, R/O AT POST: YELUGAR, TQ: SIDDAPUR, UTTAR KANNADA 4 . SUBRAY VENKATRAMAN BHAT AGE: 55 YEARS, OCC: SERVICE, R/O AT POST: YELUGAR, TQ: SIDDAPUR, UTTAR KANNADA NOW RESIDING AT NAVI MUMBAI 5 . NAGAVENI KOM MADEV MARKHANDE AGE: 59 YEARS,OCC: HOUSEHOLD R/O M N MARKHANDE, DEVELOPMENT OFFICER, LIC OF INDIA, A-102 RAJ PARK DOMBIVALI EAST-MAHARASTRA-421201 6 . ANNAPOORNA KOM GANESH HEGDE AGE: 57 YEARS, OCC: HOUSEHOLD, RESIDING AT SHRIANALA TQ: YELUGAR UTTAR KANNADA 7 . REKHA KOM SURESH HEGDE AGE: 50 YEARS, OCC: HOUSEHOLD, RESIDING AT SONDA KALGADDE, TQ: SIRSI.
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8 . RAJARAM GANAPATI BHAT AGE: 78 YEARS, OCC: HOUSEHOLD, R/O : AT AND POST, YELUGAR, TQ: SIDDAPUR UTTAR KANNADA-581340 9 . MAHADEVI KOM SHANKAR BHAT SINCE DECEASED BY HER LRS A) YAMUNA KOM PURUSHOTTAM BHAT, AGE: 68 YEARS, OCC: HOUSEHOLD, RESIDING AT MARIGADDE POST,POST: HUSARI, TQ: SIRSI, UTTARKANNADA.-581402
B) MAHALAXMI KOM SUBRAY HEGDE, AGE: 65 YEARS, OCC: HOUSE HOLD RESIDING AT HUGGI GADDE, POST HEGGARANI TQ: SIDDAPUR , UTTAR KANNAD -581355
…RESPONDENTS
RSA FILED U/SEC.100 OF CPC, AGAINST THE JUDGEMENT DECREE DATED 16.04.2019 PASSED IN R.A.NO.7/2011 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, U.K. KARWAR, SITTING AT SIRSI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DTD.09.11.2010, PASSED IN O.S. NO.104/1998 ON THE FILE OF THE SENIOR CIVIL JUDGE, SIRSI, DISMISSING THE SUIT FILED FOR DECLARATION AND PARTITION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;
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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 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 25/09/2024. Advocate for the appellants has not complied with the office objection at sl.no. 2, 3, 4, 8, 11, 14, 18, 20, 22, 24, 29, 37, 40, 48(1) to 48(3) and has not filed the memo a/w cost paid receipt. Hence, this RSA No. 101043/2019 stands dismissed without further reference to the Bench as per the Court Order dated 25.06.2024.
SD/ASSISTANT REGISTRAR .
R- By:C- By:-rv T- By: -psl .
Smt. Seetabai W/O Venkatrman Bhat others
Vishwanath Ram Bhat others
C.M. POONACHA
As recorded by the court registry
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