Regular second appeal against a decree confirming eviction/suit judgment was dismissed for non-compliance with office objections despite repeated time and cost grants, and a peremptory warning that the appeal would be dismissed without reference to the Bench.
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NC: 2024:KHC:43460 RSA No. 1567 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. 1567 OF 2021 (DEC)
BETWEEN:
SINCE DEAD BY HER LRS
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
ALL ARE R/O BASAVANAPURA VILLAGE (HELAVARA HUNDI), MAADAGALLI YELLE BELAKAVADI POST, YELAWALA HOBLI, MYSURU TALUK 571130
…APPELLANTS
(BY SRI. SWAMY M M., ADVOCATE)
AND:
SRI. P.D. SHRINIVAS S/O DASEGOWDA AGED ABOUT 69 YEARS No.2344, 3RD CROSS 5TH MAIN, PADUVARAHALLI MYSURU - 570 002
…RESPONDENT
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 13.11.2020 PASSED IN RA.No.121/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11.12.2018 PASSED IN OS.No.733/2010 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE, AND JMFC, MYSURU.
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 appellants did not comply with the office objections. The matter was listed before the Court on 22.01.2024. Three weeks time was granted to comply with the office objections on payment of cost of Rs.500/-, payable to High Court Legal Services Committee. Learned counsel for the appellants paid the said cost. On 05.07.2024, two weeks time was granted on payment of further 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 appellants did not comply with the office objections and has not paid the cost as ordered by
NC: 2024:KHC:43460 RSA No. 1567 of 2021
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
1 provisions across 1 enactments
Smt Sakamma (since dead by her LRs)
P.D. Shrinivas
Ashok S.Kinagi
As recorded by the court registry
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