The High Court of Karnataka dismissed a regular second appeal for non-compliance of office objections. The appellant failed to address court queries and pay costs despite multiple adjournments, resulting in dismissal without substantive adjudication.
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NC: 2024:KHC:43461 RSA No. 1559 of 2021
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. 1559 OF 2021
(PAR/POS)
BETWEEN:
SRI M JAYARAM AGED ABOUT 60 YEARS, S/O LATE MARI GOWDA R/AT MALARADAHUNDI VILLAGE HAMPAPURA HOBLI, H D KOTE TALUK MYSURU DISTRICT.
…APPELLANT
(BY SRI. PRASAD B., ADVOCATE)
AND:
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
DIED BY HIS LEGAL REPRESENTATIVES
(R-1A IS DELETED IN ORIGINAL PROCEEDINGS ALSO SINCE HE IS NONE ELSE THAN APPELLANT)
AGED ABOUT 60 YEARS W/O LATE MARIGOWDA R/AT HASAVALU VILLAGE HUNSUR TALUK, MYSURU DISTRICT
1(C) SMT LAKSHMI AGED ABOUT 40 YEARS, D/O LATE MARIGOWDA W/O RAMESHA
R/AT HASAVALU VILLAGE HUNSUR TALUK, MYSURU DISTRICT
2(C) SMT M BHUVANESHWARI AGED ABOUT 35 YEARS D/O LATE MAHADEVA GOWDA W/O SIDDEGOWDA R/AT MAVANAHALLI VILLAGE JAYAPURA HOBLI, MYSURU TALUK
2(D) M MANJUNATH AGED ABOUT 33 YEARS, S/O LATE MAHADEVA GOWDA R/AT MALARADAHUNDI VILLAGE HAMPAPURA HOBLI, HUSUR TALUK MYSURU DISTRICT
2(E) SHASHIKALA AGED ABOUT 31 YEARS, D/O LATE MAHADEVA GOWDA R/AT 12TH CROSS, KALIDASA ROAD, OPP: TO RAGHAVENDRASWAMY MUTT VV MOHALLA, VONTIKOPPAL MYSURU CITY
….RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 27.07.2020 PASSED IN RA.NO.244/2013 ON THE FILE OF THE VIII ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU, SITTING AT HUNSUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.02.2013 PASSED IN O.S.NO.170/2007 ON THE FILE OF THE ADDL. SENOR CIVIL JUDGE AND JMFC, HUNSURU.
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.
The appeal was filed in the year 2021. Inspite of granting sufficient time, the appellant did not comply with the office objections and has not paid the cost as ordered by this
NC: 2024:KHC:43461 RSA No. 1559 of 2021
Court. In view of the peremptory order, the appeal is
dismissed for non-compliance of the office objections.
Sd/(ASHOK S.KINAGI) JUDGE
RD
SRI M JAYARAM AGED ABOUT 60 YEARS
MARIGOWDA
SMT MARAMMA
SMT LAKSHMI
SMT MAMATHA
SRI RAGHU
ASHOK S. KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
