Regular second appeal dismissed solely for the appellant's repeated non-compliance with office objections and non-payment of cost despite multiple opportunities and an explicit warning in the court's order dated 25.01.2024. No substantive issue was adjudicated.
None granted; appeal dismissed for non-compliance of office objections and non-payment of cost.
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 20TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.1583 OF 2019 (PAR)
BETWEEN:
SMT. ANASUYA W/O LATE VEERESHAPPA AGED ABOUT 40 YEARS R/O DASARA KERI SHIRALKOPPA TOPWN SHIKARIPURA TALUK SHIVAMOGGA DISTRICT
…APPELLANT
(BY SRI S V PRAKASH, ADVOCATE)
AND:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:22279 RSA No. 1583 of 2019
THE DEFENDANT No.3 TO 8 ARE R/O NEHRU COLONY 3RD CROSS, SHIRALKOPPA TOWN SHIKARIPURA TALUK SHIVAMOGGA DISTRICT
R/O DASARA KERI SHIRALKOPPA TOWN SHIKARIPURA TALUK SHIVAMOGGA DISTRICT
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.02.2018 PASSED IN R.A.NO.31/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SHIKARIPURA AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D ER
This matter was listed before the Registrar (P&H) on 06.06.2022, 09.01.2023 and 24.07.2023 and on the all occasions, time was granted to comply with the office objections. On 25.01.2024, the matter was listed before the Court and this Court also granted three weeks’ time for compliance of office objections subject to payment of Rs.1,000/- and also made it clear that if office objections are not complied and cost is not paid within the stipulated time, the appeal shall stand dismissed. Inspite of the said
order, the counsel for the appellant has not complied with the office objections and cost is also not paid. This appeal is of the year 2019. From 2019 till date, the counsel for the appellant has not shown any interest in prosecuting the case diligently. Hence, in terms of the order dated 25.01.2024, the appeal is dismissed for non-compliance of office objections and for non-payment of cost.
Sd/JUDGE
SN
1 provisions across 1 enactments
Smt. Anasuya W/o Late Veereshappa
Smt. Gangamma W/o Pakkirappa
Smt. Sumithramma W/o Lorry Hanumanthappa
Suresh S/o Rajanna
Smt. Geetha W/o Maruthi Chikkavali
Ravi S/o Rajanna
H.P.Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
