Regular Second Appeal filed under Section 100 CPC against a judgment allowing an appeal. The Court granted time to comply with office objections but ultimately dismissed the appeal for non-compliance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2024 BEFORE
THE HON' BLE MR. JUSTICE M.G.S KAMAL
REGULAR SECOND APPEAL NO. 1092 OF 2023
BETWEEN:
SMT. BIBIJAN W/O BABU
AGED ABOUT 44 YEARS
R/AT BUKKAMBUDI VILLAGE
SHIVANI HOBLI TARIKERE TALUK ...APPELLANT/S
(By Sri./Smt : M R HIREMATHAD, N RAMAKRISHNA AND NAVEEN KUMAR N, ADVOCATES)
AND:
HAFIZABI DEAD BY LRS
S/O HAFIZABI
AGED ABOUT 68 YEARS RETIRED CLERK, RFO OFFICE BHADRAVATHI TOWN BH ROAD TARIKERE SHIVAMOGGA DISTRICT
…2
2
RSA NO. 1092/2023
W/O LATE ALLAUDDIN SAB AGED ABOUT 65 YEARS
AGED ABOUT 34 YEARS
S/O LATE ALLAUDDIN SAB AGED ABOUT YEARS
S/O LATE HAFIZABI AGED ABOUT 51 YEARS R/O DURVIGERE VILLAGE UBRANI HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT
…3
3
RSA NO. 1092/2023
W/O SHARIFF SAB
AGED ABOUT 68 YEARS R/O NAGENAHALLI VILLAGE AMRUTAPURA HOBLI TARIKERE TALUK
9 . FATHIMABI
W/O BABA JAN AGED ABOUT 41 YEARS
10 . KALANDAR SAB S/O LATE RASAOL SAB AGED ABOUT 73 YEARS
S/O LATE RASSOL SAB AGED ABOUT 61 YEARS
LATE RASSOL SAB
AGED ABOUT 65 YEARS
…4
RSA NO. 1092/2023
4
RESP NO-9 TO 14 ARE AGRICULTURISTS
R/O DURVIGERE VILLAGE
UBRANI HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT …RESPONDENT/S
THIS REGULAR SECOND APPEAL FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.06.2014 PASSED IN RA.NO.159/2010 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, CHICKMAGALUR ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.02.2010 PASSED IN OS.NO.36/1998 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND PRINCIPAL JMFC, TARIKERE.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order.
ORDER
On 19th February, 2024, this Court had granted two weeks’
time to comply with the office objections subject to payment of cost of Rs.500/- payable to ‘The Advocates Association Bangalore Library Fund’, failing which, it was made clear that the
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5
appeal would be dismissed for non-compliance of office objections.
Neither the office objections are complied with nor the cost has been paid. However, in the interest of justice, finally two weeks’ time is granted to comply with the office objections, failing which, the appeal shall stand dismissed without reference to Bench.
Sd/JUDGE
NOTE : Vide Court Order dated 10.04.2024, office objections
are not complied with, hence appeal shall stand dismissed.
COPY
Sd/ASSISTANT REGISTRAR
T By : SR R By : VS C By : RG Ty Dt : 28.06.2024 C.Dt : 29.06.2024
Smt. Bibijan W/o Babu
Hafizabi Dead by LRS
M.G.S Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
