The High Court at Bengaluru dismissed Regular Second Appeal No.1546 of 2021 for non-compliance of office objections and non-payment of court costs. The appellant's counsel was absent from multiple hearings despite granted extensions. The Second Appeal is dismissed for want of proper prosecution.
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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.1546 OF 2021 (DEC/INJ)
BETWEEN:
BOTH ARE R/O DODDABYAGATHAVALLI VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT-573211
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
…APPELLANTS
(BY SRI NAVEEN KUMARA N, ADVOCATE [ABSENT]) AND:
NANJAPPA S/O MANJAPPA, AGED ABOUT 66 YEARS, BILLENAHALLI VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT-573211
…RESPONDENT
(BY SRI RAJARAMA S, ADVOCATE)
NC: 2024:KHC:27256 RSA No. 1546 of 2021
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 13.11.2020 PASSED IN R.A.No.6/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The counsel for the appellants is absent.
compliance of office objections and non-payment of cost as per order dated 22.04.2024. On 26.09.2022 and 12.04.2023, 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 also, none appears for the appellants and this Court 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 appellants is not interested in prosecuting the case diligently inspite of
granting sufficient time to comply with the office objections from 2021. Thus, the second appeal is dismissed for non-compliance of office objections and nonpayment of cost.
Sd/JUDGE
SN
THIMMEGOWDA @ SWAMY S/O DYAVEGOWDA
B S NAGARAJU S/O THIMMEGOWDA @ SWAMY
NANJAPPA S/O MANJAPPA
H.P.SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
