Regular second appeal dismissed for non-compliance with office objections and non-payment of costs despite repeated opportunities; appellant failed to appear or prosecute the appeal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2024
BEFORE
THE HON' BLE MR. JUSTICE M.G.S KAMAL
REGULAR SECOND APPEAL NO. 652 OF 2021
BETWEEN:
SRI M NAGARAJ
AGED ABOUT 56 YEARS, S/O LATE MUNIYAPPA, BOYINAHALLI VILLAGE, KAMASAMUDRAM HOBLI, BANGARPET TALUK, KOLAR DISTRICT-563122 (By Sri/Smt. : K J JAGADEESHA, ADVOCATE)
...APPELLANT/S
AND:
SRI S G SATHYANARAYANA AGED ABOUT 68 YEARS,
S/O LATE SUBBAIAH, GONAMAKANAHALLI ANDERSONPET POST, K.G.F.,
KOLAR DISTRICT. …RESPONDENT/S
…2
2
RSA NO. 652/2021
THIS REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 03.02.2021 PASSED IN RA.No.06/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KGF, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 17.12.2019 PASSED IN OS.No.88/2018 ON THE FILE OF THE C/c I ADDITIONAL CIVIL JUDGE, K.G.F.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order.
ORDER
This matter was posted on 11.01.2024 for the purpose of complying with office objections for the fourth time. There was no representation on behalf of the appellant. This Court, however, granted two weeks time to comply with the office objections, subject to the payment of cost of Rs.500/- and also made it clear that, failing which, the appeal would result in dismissal of the appeal.
The matter is listed today. Even today, neither there is any representation nor office objections are complied with nor the
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RSA NO. 652/2021
cost is paid. It appears that the appellant is not interested in prosecuting the matter. In the interest of justice, two weeks time is granted to comply with the office objections and to pay the cost, failing which, the appeal shall stand dismissed without reference to the Bench.
Sd/JUDGE
NOTE : Vide Court Order dated 19.03.2024, office objections
are not complied with, hence appeal stand dismissed.
COPY
Sd/I/C ASSISTANT REGISTRAR
T By : SR R By : RG C By : CMS Ty Dt : 19.07.2024 C.Dt : 19.07.2024
1 provisions across 1 enactments
Sri M Nagaraj
Sri S G Sathyanarayana
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
