Second appeal against concurrent decrees in a suit. Appellant failed to comply with office objections or pay cost despite time granted and being contacted by phone; appeal dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2024 BEFORE
THE HON' BLE MR. JUSTICE M.G.S KAMAL
REGULAR SECOND APPEAL NO. 885 OF 2020
BETWEEN
SIDDANAYAKA
S/O MANCHANAYAKA
AGED ABOUT 62 YEARS
RESIDING AT
BETTADABEDEDU VILLAGE HAMPAPURA HOBLI H.D.KOTE TALUK-570026 ...APPELLANT/S
(By Sri./Smt : R RANGASWAMY AND ARPANA, ADVOCATES)
AND:
S/O PADAVARAHALLI MOOGEGOWDA
AGED ABOUT 59 YEARS
W/O MARIBETTGOWDA AGED ABOUT 50 YEARS
…2
2
RSA NO. 885/2020
ALL ARE RESIDING AT BETTADABEEDU VILLAGE HAMPAPURA HOBLI H.D.KOTE TALUK MYSURU DISTRICT-570026 …RESPONDENT/S
REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 05.09.2019 PASSED IN RA.No.84/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, H.D.KOTE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 09.08.2016 PASSED IN OS.No.274/2009 ON THE FILE OF THE CIVIL JUDGE AND JMFC, HEGGADADEVANAKOTE.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order.
ORDER
This matter was posted on 19.1.2024.
Since there was no appearance on behalf of the appellant
and also office objections are not complied with, two weeks time
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3
RSA NO. 885/2020
was granted for compliance of the office objection, subject to payment of cost of Rs.1,000/-, making it clear, failing which appeal would stand dismissed.
Matter is listed today.
There is no appearance even today and office objections are neither complied with nor cost is paid.
Assistant Court Officer of this Court had even called on counsel appearing for the appellant on Mobile No.7846092585 and also on Mobile No.9535694709 and conveyed the same. Despite informing the above, there is no representation. This indicates that neither the appellant nor the counsel is interested in prosecuting the matter.
However, in the interest of justice, one week time is granted, finally, to comply with the office objection, failing which appeal would stand dismissed without reference to the Bench.
Sd/JUDGE
…4
RSA NO. 885/2020
4
NOTE : Vide Court Order dated 20.03.2024, office objections are not complied with, hence appeal stand dismissed.
COPY
Sd/I/c ASSISTANT REGISTRAR
T By: SR By: RG C By: CDJ Ty Date: 22.08.2024 C Date: 31.08.2024
1 provisions across 1 enactments
Siddanayaka
Maribettegowda
Smt. Jayamma
Narasimhegowda
M.G.S Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
