Second appeal from a money decree was listed for orders but the appellant's counsel remained absent and office objections and costs were not complied with despite multiple extensions; the court dismissed the appeal for non-prosecution, with pending interlocutory applications disposed of accordingly.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.1457 OF 2021 (MON)
BETWEEN:
SRI K B SREENIVASA S/O LATE BASAPPA, AGED ABOUT 60 YEARS, R/AT D K KOPPALU VILLAGE, HEBBALU HOBLI, K R NAGAR TALUK, MYSURU DISTRICT 571602
…APPELLANT
(BY SRI RAGHAVENDRA M N, ADVOCATE [ABSENT]) AND:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
SRI JAYARAMEGOWDA S/O K S MURUREGOWDA, AGED ABOUT 65 YEARS, R/AT D K KOPPALU VILAGE, HEBBALU HOBLI, KR NAGAR TALUK, MYSURU DISTRICT 571602
…RESPONDENT
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.08.2020 PASSED IN R.A.NO. 60/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., K.R.NAGAR AND ETC.
NC: 2024:KHC:27257 RSA No. 1457 of 2021
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The counsel for the appellant is absent.
compliance of office objections and non-payment of cost as per order dated 22.04.2024. The order sheet discloses that on 24.08.2022 and 28.03.2023, this matter was listed before the Registrar (P&H) and time was granted to comply with the office objections. On 19.01.2024, the matter was listed before the Court. On that day, none appears for the appellant and this Court observing that the appeal of the year 2021 and on three occasions, time has been granted to comply with the office objections and finally, granted two weeks time to comply with the office objections. On 22.04.2024 also, again, this Court granted two weeks time to comply with the office objections on cost of Rs.500/-. Hence, it appears that, the counsel for the appellant is not interested in prosecuting the case diligently inspite of granting sufficient time to comply with
NC: 2024:KHC:27257 RSA No. 1457 of 2021
the office objections from 2021. Thus, the second appeal is dismissed for non-compliance of office objections and non-payment of cost.
prosecution, I.As. if any, do not survive for consideration and the same stand disposed of.
Sd/JUDGE
SN
1 provisions across 1 enactments
Sri K B Sreenivasa S/o Late Basappa
Sri Jayaramegowda S/o K S Mururegowda
H.P.Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
