Regular second appeal dismissed for non-compliance of office objections pending since 2019 despite repeated opportunities.
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NC: 2024:KHC:44530 RSA No. 361 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO. 361 OF 2019 (INJ)
BETWEEN:
SRI. B.K.MARIYAPPA SON OF GUDIRANGANNA KARIYANNA, AGED ABOUT 61 YEARS, RESIDING AT BITTAGONDANAHLLI, KADABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT, PINCODE-572 216.
…APPELLANT
(BY SRI. ARSHAD., ADVOCATEFOR SRI. P.M.SIDDAMALLAPPA., ADVOCATE)
AND:
Digitally signed by PREMCHANDRA M R
Location: High Court of Karnataka
RESIDING AT BITTAGONDANAHALLI, KADABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT. PIN CODE-572 216.
NOW RESIDING AT C/O NARASIMHAIAH, TAILOR, 2ND CROSS, SIDDAGANGA EXTENSION, TUMKUR-572 101.
…RESPONDENTS
(BY SRI. P.M.SIDDAMALLAPPA., ADVOCATE)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908, SEEKING CERTAIN RELIEFS.
THIS REGULAR SECOND APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Arshad., counsel on behalf of Sri.P.M.Siddamallappa.,
for the appellant has appeared in person and submits that short accommodation may be granted to comply with the office objections.
NC: 2024:KHC:44530 RSA No. 361 of 2019
This Court is not inclined to grant time. The reason is plain. As could be seen from the daily order sheet, the appeal was listed before Registrar (P and H) on 04.06.2024, on that day, two weeks time was granted for compliance of office objections. Despite granting time, office objections were not complied with.
The appeal is listed today for orders regarding noncompliance of office objections for the third time. As could be seen from the appeal papers, the office has raised objections at the stage of scrutiny back in the year 2019. Now we are in the month of November 2024. It's been five years, despite granting sufficient opportunities, the office objections raised at the scrutiny stage are not complied with as of today. It appears that the appellant is not diligent in prosecuting the appeal. Hence, the Regular Second Appeal is dismissed for noncompliance of office objections.
Sd/(JYOTI MULIMANI) JUDGE
MRP List No.: 2 Sl No.: 10
1 provisions across 1 enactments
B.K.Mariyappa
B.K.Ranganatha
B.K.Manjunatha
B.H.Manjunathagowda
B.M.Guddaiah
Honnamma
Jyoti Mulimani
As recorded by the court registry
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