Kanchanmala D/O Ranganagouda Ptil Vs Kesari Prasad S/O Ramchandra Prasad Subedar — Karnataka HC (2026) — LawSathi Research

Kanchanmala D/O Ranganagouda Ptil Vs Kesari Prasad S/O Ramchandra Prasad Subedar — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether Regular Second Appeal No. 100467/2022 (under Section 100 CPC) was liable to be dismissed for non-compliance with office objections, having regard to the order dated 05.04.2024.

Court's answer

Having regard to the order dated 05.04.2024, the appeal was required to be dismissed; however, as a final opportunity, one week was granted to comply with office objections, subject to payment of cost of Rs.1,000/- to the Advocates Library Fund, High Court of Karnataka, Dharwad Bench.

Ratio / Principle

It was made clear that if the office objections were not complied with and the cost was not paid within one week, the appeal shall automatically stand dismissed without further orders from the Court.

Key takeaways

By endorsement dated 27/08/2024 it was recorded that counsel for the appellant had not complied with the office objection at Sl. No. 3(a) and had not filed the memo with acknowledgment of payment of cost; accordingly, RSA No. 100467/2022 stood dismissed without further orders as per the Court Order dated 22.07.2024.ratio¶28

Detailed headnote1 paragraphs

Second appeal (RSA No. 100467/2022) under Section 100 CPC by Kanchanmala (through GPA holder), whose suit for specific performance of contract (O.S. No.37/2011, Civil Judge and JMFC, Naragund) was dismissed by judgment and decree dated 15.10.2019, and whose first appeal (R.A.No.191/2019, Principal Senior Civil Judge and Chief Judicial Magistrate, Gadag) was dismissed on 12.01.2021 confirming the trial court decree. By order dated 22.07.2024 (C.M. Poonacha, J.), having regard to the order dated 05.04.2024, the Court held the appeal was required to be dismissed but, as a final opportunity, granted one week to comply with office objections subject to payment of Rs.1,000/- cost to the Advocates Library Fund, High Court of Karnataka, Dharwad Bench, failing which the appeal would automatically stand dismissed. By endorsement dated 27/08/2024, the Assistant Registrar recorded that counsel for the appellant had not complied with office objection at Sl. No. 3(a) and had not paid the cost; the RSA consequently stood dismissed without further orders. No substantive issue was adjudicated; the dismissal was purely procedural.

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IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH, DHARWAD

DATED THIS 22^ND DAY OF JULY, 2024

BEFORE

HON'BLE MR. JUSTICE C.M. POONACHA

RSA NO. 100467 OF 2022

BETWEEN:

KANCHANMALA D/O RANGANAGOUDA PATIL AGE: 48 YEARS, OCC: SERVICE, R/O: KATAGERI, TQ: BADAMI, DIST: BAGALKOT-587201

REPRESENTED BY HER GENERAL POWER OF ATTORNEY HOLDER, SHRI. RANGAPPA S/O SHESHAGIRAPPA NEELREDDY AGE: 54 YEARS, OCC: ADVOCATE, R/O: KATAGERI, TQ: BADAMI, DIST: BAGALKOT-587201

... APPELLANT

(BY SRI. SHIVARAJ S. BALLOLI, ADV. FOR APPELLANT)

AND

1 . KESARI PRASAD S/O RAMCHANDRA PRASAD SUBEDAR AGE: 66 YEARS, OCC: AGRICULTURE, R/O: ARBAN GALLI, NARAGUND, TQ: NARAGUND, DIST: GADAG

2 . SHRI. NARASHIMHAPRASAD SUBEDAR AGE: 63 YEARS, OCC: AGRICULTURE, R/O: ARBAN GALLI, NARAGUND DIST: GADAG

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3 . DR. GOUDAPPA GOUDA S/O KALKAPPA BADRAGOUDA AGE: 56 YEARS, OCC: DOCTOR, R/O: ARBAN GALLI, NARAGUND, TQ: NARAGUND, DIST: GADAG

...RESPONDENTS

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 12.01.2021 PASSED IN R.A.NO.191/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, GADAG, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.10.2019, PASSED IN O.S. NO.37/2011 ON THE FILE OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, NARAGUND, DISMISSING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;

O R D E R

“Having regard to the order dated 05.04.2024, the above appeal is required to be dismissed.

However, as a final opportunity, one week time is granted to comply with the office objections, subject to payment of cost of Rs.1,000/- payable to the Advocates Library Fund, High Court of Karnataka, Dharwad Bench, Dharwad, making it clear that if the office objections are not complied with

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and the cost is not paid within one week, the above appeal shall automatically stand dismissed without further orders from the Court.”

SD/JUDGE

//COPY//

Note:- As per endorsement made in the order sheet dated 27/08/2024. Counsel for the appellant has not complied with the office objection at Sl. No. 3(a) and has not filed the memo a/w acknowledgment for having paid the cost. Hence, this RSA No. 100467/2022 stand dismissed without further orders from this Court as per the Court Order dated 22.07.2024.

SD/ASSISTANT REGISTRAR .

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