The High Court of Karnataka dismissed a Regular Second Appeal under Order VII Rule 11 CPC due to the appellant counsel's failure to comply with office objections regarding the payment of filing costs within the granted time.
The Regular Second Appeal No. 411 of 2022 is dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY 2024
BEFORE
THE HON' BLE MR. JUSTICE H. P. SANDESH
REGULAR SECOND APPEAL NO. 411 OF 2022
BETWEEN
S/O NANJUNDAPPA,
AGED ABOUT 57 YEARS,
SUNITHA,
WIFE OF PREMAKUMAR SINCE DEAD BY LRS.,
2. RAKASHITH P.,
S/O PREMKUMAR AND SUNITHA, AGED ABOUT 27 YEARS,
D/O PREMKUMAR AND SUNITHA, AGED ABOUT 23 YEARS,
S/O PREMKUMAR AND SUNITHA, AGED ABOUT 21 YEARS,
…2
2
RSA NO.411/2022
APPELLANT NOS. 1 TO 4 ARE RESIDING AT G. M. STREET,
OPP: CHAVADI PETE, MALAVALLI TOWN, MANDYA DISTRICT – 571 430.
...APPELLANT/S
(By Sri./Smt : SUBHASH CHANDRA BOSE, ADVOCATE)
AND
AGED ABOUT 11 YEARS,
RESPONDENT NOS. 2 TO 4 ARE MINORS REPRESENTED BY NFNG, THEIR MOTHER SMT. SANTHOSHA, W/O GANGARAJU,
RESPONDENT NOS. 1 TO 4 ARE RESIDING AT C/O SIDDEGOWDA ANITHA,
…3
3
RSA NO.411/2022
CONVENT ROAD, 4TH CROSS, NES EXTENSION, MALAVALLI TOWN, MANDYA DISTRICT.
S/O LATE S. NAGARAJU, AGED ABOUT 70 YEARS, RESIDING AT G. M. STREET, OPP: CHAVADI PETE, MALAVALLI TOWN, MANDYA DISTRICT – 571 430. …RESPONDENT/S
REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF
CPC AGAINST THE JUDGMENT AND DECREE DATED 06.02.2018 PASSED IN RA.No.78/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, MALAVALLI, ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 17.10.2015 PASSED IN OS No.294/2015 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, MALAVALLI.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order:-
…4
RSA NO.411/2022
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ORDER
The learned counsel for the appellants submits that he has
paid the cost but not complied the office objections.
The counsel again seeks time. Finally two weeks time is granted. If the counsel fails to comply with the office objections, appeal will be dismissed without reference to bench.
Sd/- JUDGE
NOTE : Vide Court Order dated 11.07.2024, the office objections are not complied with. Hence, the appeal is hereby dismissed.
COPY
Sd/ASSISTANT REGISTRAR
T By: SR R By: VS C By: GS
Ty Date: 28.11.2025 C Date: 04.12.2025
1 issue framed by the court
Whether the regular second appeal must be dismissed for failure to comply with office objection regarding cost.
1 provisions across 1 enactments
PREMAKUMAR
SUNITHA
RAKASHITH P.
RAMYASHREE
RAHUL M. P.
M. G. SHRAVANYA
H. P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
