Procedural order only: the Regular Second Appeal was not prosecuted despite prior time and costs being granted for complying with office objections; final one week's time was given, failing which the appeal would stand dismissed without reference to the Bench. No substantive proposition of law is decided.
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 18TH DAY OF APRIL, 2024
BEFORE
THE HON' BLE MR. JUSTICE M.G.S KAMAL
REGULAR SECOND APPEAL NO. 1159 OF 2020
BETWEEN:
SAROJAMMA
WIFE OF LATE MUNIVENAKTARAMAPPA
AGED ABOUT 60 YEARS
RESIDING AT AMBEDKAR PALYA
SRINIVASAPUR TOWN
KOLAR DISTRICT-563135.
...APPELLANT/S
(By Sri./Smt : K.N.SHIVAREDDY AND RAMACHANDRA D.C. ADVOCATES)
AND:
RAMAKRISHNAPPA DEAD BY LRS
MUNILAKSHMAMMA DEAD BY LRS
S/O LATE RAMAKRISHNAPPA
AGED ABOUT 40 YEARS
SON OF LATE RAMAKRISHNAPPA
AGED ABOUT 35 YEARS
….2
2
RSA NO. 1159/2020
BOTH ARE R/AT AMBEDKAR PALYA SRINIVASAPURA TOWN
KOLAR DISTRICT-563135.
3 . RADHAMMA
DAUGHTER OF LATE RAMAKRISHNAPPA WIFE OF VENKATRAVANAPPA AGED ABOUT 50 YEARS R/O MITTAPALLI CTM POST AND HOBLI MADANAPALLI TALUK CHITTOR DISTRICT ANDHRA PRADESH-517319.
4 . SAKAMMA
DAUGHTER OF LATE RAMAKRISHNAPPA
WIFE OF BASAVARAJU AGED ABOUT 47 YEARS R/O KAIWARA VILLAGE AND HOBLI CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT-563128.
5 . BHOLAKSHMI
DAUGHTER OF LATE RAMAKRISHNAPPA WIFE OF ANJAPPA AGED ABOUT 44 YEARS R/O THATAGOLLU VILLAGE NELAVANKI HOBLI SRINIVASAPURA TALUK KOLAR DISTRICT-563135.
….3
3
RSA NO. 1159/2020
DAUGHTER OF LATE RAMAKRISHNAPPA WIFE OF SEENAPPA AGED ABOUT 41 YEARS R/O KURATIHALLI VILLAGE KASABA HOBLI CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT-563125.
DAUGHTER OF RAMAKRISHNAPPA WIFE OF NAGARAJAPPA MAJOR R/O KURUBOOR VILLAGE KASABA HOBLI CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT-563125. …RESPONDENT/S
REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 03.01.2020 PASSED IN RA.NO.42/2016 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, KOLAR . DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 27.01.2016 PASSED IN O.S.NO.103/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, AT KOLAR.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order.
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RSA NO. 1159/2020
4
ORDER
By order dated 18.01.2024, since none appeared for the appellant and office objections have not been complied with, two weeks' time was granted, subject to payment of costs of Rs.1,000/-, making it clear that non-compliance would result in dismissal of the appeal. The matter is listed today. Even today, office objections are not complied with and cost is also not paid. The matter is of the year 2020. However, in the interest of justice, one week time is granted finally to comply with the office objections, failing which, the appeal shall stand dismissed without reference to the Bench.
NOTE : Vide Court Order dated 18.04.2024, office objections are not complied with, hence appeal shall stand dismissed.
COPY
Sd/I/c ASSISTANT REGISTRAR
T By: SR(PKS) R By: RG C By: CDJ
Ty Date: 22.08.2024 C Date: 31.08.2024
1 provisions across 1 enactments
Sarojamma
Venkatesh
Raghu
Radhamma
Sakamma
Bholakshmi
M.G.S Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
