The High Court of Karnataka dismissed a regular second appeal because the appellant failed to pay costs and file the paper book despite being given a final opportunity to do so.
The appeal was dismissed for non-payment of cost and non-filing of paper book.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 924 OF 2011 (PAR)
BETWEEN:
BOTH ARE AGRICULTURIST, R/O. TALIKATTE VILLAGE, HOLALKERE TALUK-577 526
…APPELLANTS
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
AND:
(BY SRI R. SHASHIDHARA, ADVOCATE)
(DIED ON 04.10.2019 AND RESPONDENT NO.2 IS THE ONLY SURVIVING HEIR)
AGRICULTURIST AND HOUSEHOLD WORK
THE RESPONDENTS NO.1 AND 2 ARE R/AT TALIKATTE VILLAGE, HOLALKERE TALUK-577526
6(e) NAGARATHNAMMA W/O SHEKHARAPPA,
AGED ABOUT 34 YEARS,
ALL ARE R/O. TALIKATTE VILLAGE, HOLALKERE TALUK CHITRADURGA DISTRICT– 577526.
RESPONDENTS NO.3 TO 6 ARE R/O. TALIKATTE VILLAGE HOLALKERE TALUK-577526.
(AMENDED VIDE COURT ORDER DATED 13.06.2019)
…RESPONDENTS
(BY SRI SPOORTHY HEGDE N., ADVOCATE FOR R1; SRI P.M.SIDDAMALLAPPA, ADVOCATE FOR R2; SRI SHIVAKUMARAPPA T.C., ADVOCATE FOR R3; SRI GOVINDAPPA J., ADVOCATE FOR R5;
R6(b) SERVED, BUT UNREPRESENTED VIDE ORDER DATED 17.04.2013, NOTICE TO R4 IS HELD SUFFICIENT; VIDE ORDER DATED 13.06.2019
NOTICE TO R6(a & c to e) ARE HELD SUFFICIENT; VIDE ORDER DATED 16.03.2022,
R2 IS THE LR OF DECEASED R1)
THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.03.2011 PASSED IN R.A.NO.46/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, HOLALKERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 31.07.2006 PASSED IN O.S.NO.63/2000 ON THE FILE OF THE CIVIL JUDGE (JR.DN.), HOLALKERE.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC:11547 RSA No. 924 of 2011
JUDGMENT
This matter was listed on 05.03.2024. This Court having taken note of matter was admitted in the year 2022, thereafter, the matter was listed thrice, the counsel for appellant has not filed the paper book. However, one more opportunity is given on cost of Rs.2,000/- payable to Registry by granting two weeks time. Inspite of it, the counsel has not paid the cost and also not filed the paper book. This Court made it clear that earlier if cost not paid and not filed the paper book within two weeks, the appeal will be dismissed. Inspite of the said order, the counsel for appellant has not paid the cost and also not filed the paper book. Hence, the appeal is dismissed for non payment of cost and non filing of paper book.
RHS
List No.: 1 Sl No.: 7
Sd/JUDGE
1 issue framed by the court
Whether the regular second appeal filed under Section 100 of CPC should be allowed given the failure by the appellant to pay costs and file the paper book.
1 provisions across 1 enactments
Smt. Rudramma W/O Late Siddappa
Smt. Lakshmamma W/O Late Siddappa
Smt. Ningamma W/O Late Maligappa
Smt. Thimmamma D/O Late Maligappa
B.K. Siddappa S/O Kallappa
Kallappa S/O Goviyyappa
H.P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
