Second appeal against concurrent decrees in a property suit was listed for compliance with office objections and payment of cost. With no representation and no compliance, the court granted a final two weeks, failing which the appeal stood dismissed.
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 22ND DAY OF APRIL, 2024
BEFORE
THE HON' BLE MR. JUSTICE M.G.S KAMAL
REGULAR SECOND APPEAL NO.294 OF 2023
BETWEEN:
RAVINDRA SHETTY
AGED 47 YEARS, S/O GUDDA SHETTY
R/AT BHANDARUMANE,
POST KEMMUNDELU-574117 YELLUR VILLAGE, KAUP TALUK UDUPI DISTRICT ...APPELLANT/S
(By Sri./Smt : SUDESH KUMAR ACHARYA U, ADVOCATE)
AND:
…2
2
RSA NO. 294/2023
NO.1 TO 3 ARE CHILDREN OF LATE NARASI SHEDTHI
AGED 62 YEARS, S/O LATE GULABI SHEDTHI
…3
3
RSA NO. 294/2023
AGED 69 YEARS,
D/O LATE NARSI SHEDTHI
NO.11 AND 12 BOTH ARE CHILDREN OF
LATE SHAKUNTHALA SHEDTHI
AGED 59 YEARS,
W/O LATE SUDHAKAR SHETTY
AGED 55 YEARS,
W/O LATE SUDHAKAR SHETTY
AGED 57 YEARS,
AGED 54 YEARS,
…4
RSA NO. 294/2023
4
AGED 49 YEARS,
AGED 46 YEARS,
RESPONDENTS NO.14 TO 19 ARE CHILDREN OF LATE KUSHALA SHETTY
ALL ARE R/AT ADVE, THAMARAMAJALU NANDIKOOR VILLAGE AND POST, UDUPI TALUK AND DISTRICT
AGED 64 YEARS
AGED 62 YEARS
AGED 59 YEARS
AGED 52 YEARS
AGED 50 YEARS
…5
RSA NO. 294/2023
5
RESPONDENTS NO.21 TO 27 ARE THE
CHILDREN OF LATE SEETHA SHEDTHI
R/AT BELLIBETTU GHUTTU POST SANTHOOR, PILAR MUDARANGADI, KAUP TALUK,
UDUPI DISTRICT
28 NAGESH D SHETTY
SINCE DECEASED BY LRS
28(a) NALINI
W/O LATE NAGESH D SHETTY
S/O LATE NAGESH D SHETTY
S/O LATE NAGESH D SHETTY
ALL ARE R/AT NO.52/2457
GANDHI NAGAR, N M B COLONY BANDRA (E)
MUMBAI-400051
AGED 66 YEARS
…6
6
RSA NO. 294/2023
AGED 56 YEARS
RESPONDENTS NO.29 TO 32 ARE THE CHILDREN OF LATE SAMPA SHEDTHI ALL ARE R/AT BHANDARI MANE, POST KEMMUNDEL, YELLUR VILLAGE, KAUP TALUK, UDUPI TALUK
34 KARUNAKARA AGED 69 YEARS 35 LEELA AGED 67 YEARS 36 JAYARAM AGED 64 YEARS RESPONDENTS NO.34 TO 36 ARE THE CHILDREN OF LATE MONU SHETTY ALL ARE R/AT MOOLANGI HOUSE, BOLAR, KANJARAKATTE, VIA: SANOOR, POST BOLA KARKALA TALUK UDUPI DISTRICT …RESPONDENT/S
…7
RSA NO. 294/2023
7
REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 19.06.2017 PASSED IN RA.No.47/2008 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, UDUPI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 27.09.2008 PASSED IN OS No.175/1998 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DVN), UDUPI.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order.
ORDER
By order dated 02.02.2024 taking note of the non compliance of the office objections and the appeal is of the year 2023, two weeks time was granted subject to payment of cost of Rs.500/- making it clear, failing to comply office objections would result in dismissal of the appeal.
The matter is listed today.
There is no representation, office objections are not
complied, neither the cost is paid.
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It appears that appellant is not interested in prosecuting
the matter. However, in the interest of justice, two weeks time is granted to comply the office objections, failing which appeal stands dismissed without reference to the Bench.
Sd/JUDGE
NOTE : Vide Court Order dated 22.04.2024, office objections are not complied with, hence appeal stands dismissed.
COPY
Sd/I/c ASSISTANT REGISTRAR
T By: SR(PKS) R By: RG C By: PH Ty Date: 24.08.2024 C Date: 31.08.2024
Ravindra Shetty
Jalaja Shedthi
Sadashiva Shetty
Krishnayya Shetty
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
