Regular second appeal against concurrent decrees in a property suit was dismissed for non-compliance of office objections despite repeated time grants, costs and a peremptory order; no one appeared for the appellant when the case was called.
None; appeal dismissed for non-compliance of office objections.
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. 1548 OF 2021 (SP)
BETWEEN:
SMT. NANJAMMA W/O LATE VENKATAMUNIYAPPA AGED ABOUT 49 YEARS R/O JANNAGHATTA VILLAGE AND POST SUGATUR HOBLI, KOLAR TALUK 563101
…APPELLANT
(BY SRI. M SHIVAPRAKASH, ADVOCATE)
AND:
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
SRI K N NARAYANASWAMY S/O LATE NANJUNDAPPA AGED ABOUT 43 YEARS R A/T JANNAGHATTA VILLAGE AND POST SUGATUR HOBLI, KOLAR TALUK 563101
…RESPONDENT (BY SRI. VARADAREDDY G K., ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 01.12.2020 PASSED IN RA.No.92/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KOLAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 25.04.2019 PASSED IN OS.No.190/2010 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, KOLAR.
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 15.02.2021. Office has raised objections and time was granted to comply with the office objections. Inspite of granting sufficient time, the appellant did not comply with the office objections. The matter was listed before the Court on 18.01.2024, two weeks time was granted to comply with the office objections. Again the matter was listed on 25.06.2024. None appeared for the appellant. Another two weeks time was granted to comply with the office objections on payment of cost of Rs.500/-, payable at the registry, and it was made clear that if office objections are not complied and cost is not paid within the stipulated time, the appeal shall be dismissed without reference to the Bench.
NC: 2024:KHC:43462 RSA No. 1548 of 2021
appeal was filed in the year 2021. Inspite of granting sufficient time, the appellant did not comply with the office objections and not paid the cost as ordered by this Court. In view of the peremptory order, the appeal is dismissed
for non-compliance of the office objections.
Sd/(ASHOK S.KINAGI) JUDGE
RD
Smt. Nanjamma
Sri K N Narayanaswamy
Ashok S. Kinagi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
