Dismissed
Mr. M S Prasanna v. M L Ramamurthy
Karnataka HCRSA/266/2018
Case brief
from the order text
What is this about?
COURT OF KARNATAKA AT BENGALURU DATED THIS…
What the court decided
AI extract
COURT OF KARNATAKA AT BENGALURU DATED THIS…
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 19TH DAY OF MARCH, 2024
BEFORE
THE HON' BLE MR. JUSTICE M.G.S KAMAL
REGULAR SECOND APPEAL NO. 266 OF 2018
BETWEEN:
S/O LATE M.S. SUDHEENDRA RAO
AGED ABOUT 48 YEARS
R/O MANCHENAHALLI,
MANCHENAHALLI HOBLI, GOWRIBIDANUR TLAUK-561211
D/O LATE M.S. SUDHEENDRA RAO
AGED ABOUT 52 YEARS
R/O MANCHENAHALLI,
MANCHENAHALLI HOBLI, GOWRIBIDANUR TALUK-561211
...APPELLANT/S
(By Sri./Smt: RAJESWARA P N, H R NARAYANA RAO AND MANJUNATH K V., ADVOCATES)
AND:
S/O LATE M.V. LAKSHMINARASIMHAIAH SETTY AGED ABOUT 43 YEARS
…2
2
RSA NO. 266/2018
OCC: FERTILIZER DEALERS, R/O MANCHENAHALLI, MANCHENAHALLI HOBLI, GOWRIBIDANUR TALUK-561211.
P. KRISHNAMURTHY RAO ADOPTED SON OF THIMMANNA W/O VENKATARAMAIAH SINCE DECEASED BY HIS LRS SMT. T.M. SHARADAMMA W/O LATE P. KRISHNAMURTHY (DIED DURING PENDENCY OF RA)
S/O LATE P. KRISHNA MURTHY RAO AGED ABOUT 42 YEARS
3 . SMT. K. PADMAVATHI W/O R. SURYANARAYANA RAO D/O LATE P. KRISHNA MURTHY RAO AGED ABOUT 46 YEARS R/O NO.1/3, SUNANDA BUILDING, 2ND MAIN, "F" CROSS, NARAYANAPPA GARDEN, TAVAREKERE B.T.M. LAYOUT, 1ST STAGE LAND MARK ABUBAKAR MASZID BENGALURU-560 029.
…3
3
RSA NO. 266/2018
M. ANANTHA RAO S/O NARASINGA RAO SINCE DEAD BY HIS LRS
SMT. SUSHEELAMMA W/O LATE M. ANANTHA RAO (SINCE DEAD NO LEGAL REPRESENTATIVES AS NO ISSUES BORN)
BOTH RESPONDENTS NO.4 TO 5 ARE RESIDENT OF MANCHENAHALLI VILLAGE-561 211 MANCHENAHALLI HOBLI GOWRIBIDANUR TALUK CHICKBALLAPUR DISTRICT …RESPONDENT/S
(By Sri./Smt : G BALAKRISHNA SHASTRY, ADVOCATE FOR C/R1)
…4
RSA NO. 266/2018
4
REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.10.2017 PASSED IN RA.NO.123/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GOWRIBIDANUR DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.04.2014 PASSED IN O.S.NO.363/1991 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, GOWRIBIDANUR.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order.
ORDER
This matter is coming up for compliance of office objections for the sixth time. This Court, on 30.05.2023, had directed the appellants to comply with the office objections by imposing cost. Again, by order dated 11.12.2023, ten days time was given to comply with the office objections, subject to the payment of cost of Rs.1,000/-. Neither the cost is paid nor the office objections are complied with, though sufficient time was granted to the appellant in the matter.
However, in the interest of justice, two weeks time is granted, enabling the appellants to comply with the office
…5
RSA NO. 266/2018
5
objections and to pay the cost already imposed, failing to comply with the office objections and to pay the cost results in the dismissal of the appeal without reference to the Bench.
Sd/JUDGE
NOTE : Vide Court Order dated 19.03.2024, office objections
are not complied with, hence appeal dismissed.
COPY
Sd/ASSISTANT REGISTRAR
T By : SR R By : RG C By : VS Ty Dt : 31.07.2024 C.Dt : 02.08.2024
MR. M S PRASANNA
SMT. M.S. LAKSHMI
M L RAMAMURTHY
R.K. SRINIVASA MURTHY
SMT. K. PADMAVATHI
PADMAVATHI @ PADMAVATHAMMA
M.G.S KAMAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court