In RSA No. 1397/2021, the Karnataka High Court dismissed the appeal because the appellants failed to comply with office objections or pay costs after having been granted time previously.
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 23RD DAY OF APRIL, 2024
BEFORE
THE HON' BLE MR. JUSTICE M.G.S KAMAL
REGULAR SECOND APPEAL NO. 1397 OF 2021
BETWEEN:
AGED ABOUT 73 YEARS
D/O LATE MADEGOWDA
AGED ABOUT 52 YEARS APPELLANTS 1 TO 3 ARE
RESIDING AT CHANDAKAVADI VILLAGE
CHAMARAJANAGAR-571313
S/O MADEGOWDA
AGED ABOUT 55 YEARS
RESIDING AT SAPPAYYANAPURA VILLAGE
…2
2
RSA NO. 1397/2021
KASABA HOBLI
CHAMARAJANAGAR-571313
...APPELLANT/S
(By Sri/Smt. : S SUMATHI, ADVOCATE)
AND:
M. MAHADEVA S/O LATE MADEGOWDA AGED ABOUT 55 YEARS RESIDING AT MADAPURA VILLAGE KASABA HOBLI CHAMARAJANAGAR TOWN-571313 …RESPONDENT/S
THIS REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 20.09.2019 PASSED IN RA.No.118/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHAMARAJANAGARA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 20.11.2015 PASSED IN OS.No.147/2012 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, CHAMARAJANAGAR.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order.
…3
3
RSA NO. 1397/2021
ORDER
This matter was listed on 10.1.2024 for compliance of office objections for the third time. Since none appeared on the said date, two weeks’ time was granted for compliance of office objections subject to payment of costs of Rs.500/- making it clear that if office objections are not complied, the appeal would result in dismissal. Hence, the matter is listed today for orders.
Even today there is no representation. Neither the office objections are complied with nor the cost is paid. In the interest of justice, two weeks’ time granted to comply with the office objections, failing which, the appeal shall stand dismissed without further reference to the Bench.
Sd/JUDGE NOTE : Vide Court Order dated 23.04.2024, office objections are not complied with, hence appeal stand dismissed.
COPY
Sd/I/C ASSISTANT REGISTRAR
T By : SR R By : RG C By : CMS Ty Dt : 19.07.2024 C.Dt : 19.07.2024
1 provisions across 1 enactments
SMT. SANNAMMA W/O MADEGOWDA
SMT. KAMALAMMA D/O MADEGOWDA
CHANDRAMMA D/O LATE MADEGOWDA
MAHADEVEGOWDA S/O MADEGOWDA
M. MAHADEVA S/O LATE MADEGOWDA
M.G.S KAMAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
