The Karnataka High Court dismissed a regular second appeal filed under Section 100 of CPC for the appellants' failure to comply with court-imposed office objections despite multiple adjournments and granted time.
Regular second appeal dismissed for non-compliance of office objections.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 607 OF 2020 (PAR)
BETWEEN:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
ALL ARE RESIDING AT BHUJAVALLI VILLAGE C.A.KERE HOBLI, MADDUR TALUK MANDYA DISTRICT - 571 424
…APPELLANTS
(BY SRI. CHANDRASHEKAR H B., ADVOCATE [ABSENT])
AND:
RESPONDENT NO.1 TO 6 AND 8 ARE RESIDING AT BHUJAVALLI VILLAGE, C.A.KERE HOBLI, MADDUR TALUK-571422.
…RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 21.08.2018 PASSED IN R.A.NO.25/2018 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT
AND DECREE DATED 28.03.2018 PASSED IN O.S.NO.475/2000 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADDUR.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal was filed in 2020 and matter was listed on
several occasions and this Court granted time on 09.03.2023 and imposed cost of Rs.1,000/- and also made it clear that if cost is not paid and office objections are not complied with within two weeks, list the matter for dismissal on 23.03.2023. On 23.03.2023, learned counsel made the submission that he
has paid the cost and out of six office objections, he has complied with four office objections. Hence, this Court granted two weeks time to comply with the remaining office objections on payment of further cost of Rs.500/- and made it clear that if cost is not paid and the office objections are not complied within two weeks, list the matter for dismissal on 10.04.2024. On 10.04.2024, the appellant sought one week time to comply with the office objections and accordingly, time was granted and inspite of time being granted on several occasions, the office objections are not complied with and once again, the matter was listed on 14.12.2023 and on 29.01.2024. Though
NC: 2024:KHC:21774 RSA No. 607 of 2020
the matter was adjourned on several occasions and time was granted to comply with the office objections, the office objections are not complied with.
Accordingly, the regular second appeal is dismissed for non-compliance of office objections.
Sd/JUDGE
ST List No.: 1 Sl No.: 36
BASAVARAJU S/O LATE BASAPPA
MAHADEVU S/O LATE BASAPPA
MARIMADAIAH S/O LATE BASSAPPA
B. NAGARAJU S/O LATE BASAPPA
SMT. PUTTAMADAMMA W/O LATE MARIMADAIAH
MAHADEVAIAH S/O LATE MARIMADAIAH
H.P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
