Second appeal dismissed for non-prosecution and failure to comply with office objections and payment of court costs despite multiple adjournments and notices.
The appeal was dismissed for non-compliance of office objection and failure to pay costs.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1135 OF 2014 (PAR)
BETWEEN:
SMT. HANUMAKKA, W/O.PAPANNA, (REPORTED TO BE DEAD AS PER THE ORDERS OF THE TRIAL COURT DATED 31.07.1997) (DEAD).
…APPELLANT
(BY SRI. VENKAT SUBBA RAO G.S., ADVOCATE)
Digitally signed by YAMUNA K L Location: High Court of Karnataka
AND:
SMT. VENKATALAKSHMAMMA (DEAD)
ALL ARE RESIDING AT REDDIVARIPALLI, HAMLET OF RAPTE VILLAGE, NAGALAMADIKE HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT -572101.
…RESPONDENTS
(BY SRI. HARISH H.V., ADVOCATE)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 10.4.2014, PASSED BY THE IV ADDL. DISTRICT & SESSIONS JUDGE AT MADHUGIRI IN R.A.NO.180/2010 CONFIRMING THE JUDGMENT & DECREE DATED 28.08.2010 PASSED BY THE COURT OF THE ITINERARY SENIOR CIVIL JUDGE AT PAVAGADA IN O.S.NO.31/1996 AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, AND
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL JUDGMENT
This appeal was filed in the year 2014, office has raised the objections, in spite of granting sufficient opportunity the appellants did not comply with the office objection, matter was listed on 10.03.2016. This court has passed the following order;
"Since a peremptory order was passed on 09.11.2015 and as the learned counsel again seeks time, adjourned as a last chance to comply with office objections by two weeks, subject to payment of cost of Rs.2,000/- to the Library Fund of Advocates Association, Bengaluru."
Order was passed on 09.11.2015 and as the learned counsel again sought time, adjourned as a last chance to comply with the office objections by two weeks, subject to payment of cost of Rs.2,000/- to the Library Fund of Advocate's Association, Bangalore. The matter was listed on 31.08.2016, neither the order dated 10.03.2016 or the office objections are complied with. Accordingly, the appeal came to be dismissed for non prosecution vide order dated 31.08.2016.
The appellant filed an application to recall the order dated 31.08.2016. At the request of learned counsel for the appellant
NC: 2024:KHC:39666 RSA No. 1135 of 2014
matter was listed on 26.02.2021, 05.06.2024 and on 26.06.2024, IA.No. 1/2016 was allowed, orders dated 31.08.2016 was recalled, subject to payment of cost of Rs. 1,000/- payable to the Advocate's Clerks Benevolent Fund and issued a notice to the respondent.
In spite of granting sufficient opportunity, the appellant has neither paid the cost as per the order dated 09.11.2015 and 26.06.2024, the appellants have not complied the office objection.
Case called twice, none appears for the appellant, as the appeal is of the year 2014, it seems that the appellants are not interested in prosecuting the case.
Accordingly, appeal is dismissed for non compliance of office objection.
Sd/(ASHOK S.KINAGI) JUDGE
SRK
List No.: 1 Sl No.: 26
Smt. Hanumakka (Dead)
Sri. Narayanappa (Since Dead by his Lrs.)
Ashok S.Kinagi
As recorded by the court registry
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