Regular second appeal against concurrent decrees in a title suit was dismissed because the appellants' counsel failed to pay costs imposed by an earlier order and to comply with office objections, despite repeated opportunities; interim applications were disposed of.
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NC: 2024:KHC:22561 RSA No. 311 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 311 OF 2020 (INJ)
BETWEEN:
MUNISHAMACHARI, S/O SHANKARACHARI SINCE DEAD BY LRS
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
AGED ABOUT 51 YEARS, R/AT CHARALA VILLAGE, CHOWDEPALLY MANDAL, PUNGANUR TALUK, CHITTOOR DISTRICT ANDHRA PRADESH-517257.
R/AT DODDA DEVANGA STREET, ANEKAL.
APPELLANTS NO.1, 2 AND 4 ARE R/AT KUDIYANUR VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT-563130.
W/O MAHESHACHARI B.P. AGED ABOUT 48 YEARS, R/AT DODDA AGADI, ATTIBELE HOBLI, ANEKAL TALUK - 562 106.
…APPELLANTS
(BY SRI T.M.MANJUNATH, ADVOCATE [ABSENT])
AND:
R/AT KUDIYANUR VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT-563130.
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 29.06.2019 PASSED IN R.A.NO.2/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MALUR , DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 21.11.2012 PASSED IN O.S.NO.158/2012 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE, AND JMFC, MALUR.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellants is absent. The counsel has not paid the cost in terms of the order dated 17.01.2024 and this Court granted two weeks time to pay the cost and to comply with the office objections. When the matter again listed on 01.02.2024, though the counsel Sri.Amargowda.S undertaken to appear for the appellant and comply with office objections, he has not complied the office objections, even though this Court granted one week time to comply the office objections. Today, the counsel is absent before Court. Hence, the second appeal is
NC: 2024:KHC:22561 RSA No. 311 of 2020
dismissed for non-payment of cost and for noncompliance of office objections.
In view of dismissal of the appeal, I.As., if any do not survive for consideration, the same stands disposed of.
Sd/JUDGE
RHS List No.: 1 Sl No.: 36
1 provisions across 1 enactments
Munishamachari, since dead by LRs (Parvathamma and others)
K.C. Krishnappa
K.M. Chandrashekarachari
H.P.Sandesh
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
