Regular second appeal arising from a property dispute; appeal was not prosecuted as office objections remained uncomplied despite repeated opportunities, and the appeal ultimately stood dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2024
BEFORE
THE HON' BLE MR. JUSTICE M.G.S KAMAL
REGULAR SECOND APPEAL NO. 828 OF 2019
BETWEEN:
W/O GURUPADAPPA,
AGE: 73 YEARS,
OCC: AGRICULTURIST, DEAD BY LRS.,
S/O GURUPADAPPA, AGE: 35 YEARS,
(c) H G CHANNAMMA W/O HANUMANTHAPPA, R/O THOLAHUNASE VILLAGE, DAVANAGERE TALUK
…2
2
RSA NO. 828/2019
W/O BASAVARAJAPPA, AGE: 38 YEARS, R/O TUMBIGERE VILLAGE, DAVANAGERE TALUK
2. CHIDANANDA
S/O GURUPADAPPA, AGED ABOUT 49 YEARS, AGRICULTURIST
S/O GURUPADAPPA, AGED ABOUT 45 YEARS, AGRICULTURIST
S/O NAGAPPA, AGED ABOUT 48 YEARS, AGRICULTURIST
…3
3
RSA NO. 828/2019
S/O MAHADEVAPPA K H, AGED ABOUT 65 YEARS, AGRICULTURIST
APPELLANT NOS. 2 TO 8 ALL ARE R/O KUKKUWADA VILLAGE, DAVANAGERE TALUK AND DISTRICT ...APPELLANT/S
(By Sri./Smt CHAKRAVARTHY T S, ADVOCATE)
AND:
S/O VEERABHADRAPPA,
AGED ABOUT 60 YEARS,
…4
RSA NO. 828/2019
4
AGED ABOUT 55 YEARS
S/O K H PARAMESHWARAPPA AGED ABOUT 36 YEARS
W/O BENAKAPPA,
AGED ABOUT 50 YEARS,
ALL ARE AGRICULTURISTS AND RESIDENT OF KUKKKUWADA VILLAGE, DAVANAGERE TALUK. …RESPONDENT/S
REGULAR SECOND APPEAL FILED UNDER SEC.100 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.12.2018 PASSED IN RA.NO.103/2018 ON THE FILE OF THE PRINCIPAL
…3
5 RSA NO. 828/2019
SENIOR CIVIL JUDGE DAVANAGERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 04.07.2018 PASSED IN OS.NO.200/2012 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, DAVANAGERE.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order.
ORDER
This matter had come up before the registrar for non-compliance of office objections on five occasions, when the matter came up before this court on 03.01.2024, there was neither compliance of office objections nor there any representation on behalf of the appellants, as such this Court had granted one Week’s time for compliance of office objections making it clear that if the office objections were not cleared, appeal would stand dismissed for non prosecution. Even then the office objections are not complied.
Even when the matter is listed today, there is no representation for appellants. It is clear that appellants are not interested in prosecuting the matter.
…6
6
RSA NO. 828/2019
However, in the interest of justice two weeks time is
granted to comply with the office objections, failing which, appeal would stand dismissed without reference to the Bench.
Sd/JUDGE
NOTE : Vide Court Order dated 14.03.2024, office objections
are not complied with, hence appeal stand dismissed.
COPY
Sd/I/c ASSISTANT REGISTRAR
T By : SR R By : RG C By : VS Ty Dt : 29.07.2024 C.Dt : 02.08.2024
1 provisions across 1 enactments
Smt. Revamma (dead by LRs)
Chidananda
Mahantesh
Smt. Neelamma
Lokesh
H. V. Basavarajappa
M.G.S Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
