A regular second appeal filed in 2021 remained unadmitted as the appellants repeatedly failed to comply with office objections despite multiple extensions of time and a cost imposed. With no appellant present on the day of orders, the High Court 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 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1526 OF 2021 (DEC/INJ)
BETWEEN:
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
ALL ARE AGRICULTURISTS AND RESIDING AT NAGARAGERE VILLAGE SRIRAMPURA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT - 577542
…APPELLANTS
(BY SRI. RAMA BHAT K., ADVOCATE)
AND:
HOSADURGA TALUK CHITRADURGA DISTRICT - 577542
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 19.08.2020 PASSED IN RA NO.25/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOSADURGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 31.08.2017 PASSED IN O.S.NO.327/2012 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HOSADURGA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL JUDGMENT
This regular second appeal was filed on 06.02.2021.
Office has raised objections and time was granted to
comply with the office objections. Inspite of granting sufficient time, the appellants did not comply with the office objections. The matter was listed before the Court on 19.01.2024. At the request of learned counsel for the appellants, finally two weeks time was granted to comply with the office objections. Again the matter was listed on 02.07.2024. At the request of learned counsel for the appellants, another two weeks time was granted to comply with the office objections on payment of cost of Rs.500/-, payable at the registry.
Sd/(ASHOK S.KINAGI) JUDGE
RD
1 issue framed by the court
Should the regular second appeal be admitted despite persistent non-compliance with office objections?
1 provisions across 1 enactments
Sri Parappa s/o Late Doddaiah
Sri Chikkanna s/o Late Doddaiah
Sri Vasanth Kumar s/o Late Siddappa
Sri Hanumanthappa s/o Late Doddaiah
Sri Kamsagarappa
R A Nagaraja Shetty (deceased, by legal representatives)
Ashok S.Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
