Regular second appeal dismissed by justice H.P. Sandesh for non-compliance of office objections despite prior time granted for compliance.
The appeal was dismissed for non-compliance of office objections.
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.
RSA No. 2450 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.2450 OF 2018 (DEC/INJ)
BETWEEN:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
RSA No. 2450 of 2018
44-73A, 2ND MAIN, 8TH CROSS, LAND LINKS, DEREBAIL, KONCHADY, MANGALURU – 575008.
…APPELLANTS
(BY SRI CHANDRASHEKAR, ADVOCATE)
AND:
RSA No. 2450 of 2018
RSA No. 2450 of 2018
BHAGAVATHI NAGAR ROAD, BALLAL BAGH, NEAR PATHUMUDY SOUDHA, MANGALURU – 575003.
RSA No. 2450 of 2018
R14 TO R16 ARE R/O ADVOCATE AND NOTARY, KAINTAJE COMPOUND, MARNAMAIKATTE, NEAR JEPU POST OFFICE, MANGALURU – 575002.
R19 TO R22 ARE R/O PATHUMUDY HOUSE, MANCHI POST- 574323, BANTWAL TALUK.
RSA No. 2450 of 2018
24. PADMANABHA, S/O P. RAJENDRA,
AGED ABOUT 15 YEARS.
R23 AND R24 ARE R/O SAVITHRI NILAYA, MONTIMAR PADAVU, IRA VILLAGE & POST - 574323 BANTWAL TALUK.
AGED ABOUT 44 YEARS.
R25 TO R27 ARE R/O PLOT NO.101, A BLOCK, VISHAL KUTIR, 143/23, KATHRIGUPPA MAIN ROAD, BENGALURU – 560085.
RSA No. 2450 of 2018
R28 TO R38 ARE R/O PATHUMUDY HOUSE, MANCHI POST – 574323, BANTWAL TALUK.
RSA No. 2450 of 2018
R42 TO 44 ARE R/AT FLAT NO.403, KAPOOR HEIGHTS, ABOVE CORPORATION BANK, SOMAVARAPETE MALI MAHARAJ ROAD, PUNE-411001.
RSA No. 2450 of 2018
R47 TO R49 ARE R/O A-21, MAURIA GARDEN, KOTHRUD, NEXT TO SHANTHIVAN, HSG SOCIETY, PUNE-411029.
R51 TO R53 ARE R/AT HARSHA REFRESHMENTS, HOTEL SHARON, KUNDAPUR-576201.
RSA No. 2450 of 2018
AGED ABOUT 73 YEARS, R/AT 51/52/2 PALM MEADOWN, AIRPORT WHITEFIELD ROAD, BENGALURU-560 086.
…RESPONDENTS
(BY SRI G.B. SHASTRI, ADVOCATE FOR C/R1, SRI PUNDIKAI ISHWARA BHAR, ADV FOR R14)
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 15.12.2017 PASSED IN RA.NO.12/2014 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND JMFC, BANTWAL, D.K., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.06.2014 PASSED IN OS.NO.296/1994 ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC, BANTWAL, D.K.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The learned counsel Smt. Suhani Holla submits that she
has filed the vakalath in 2021 and the peremptory order is dated 22.11.2019.
RSA No. 2450 of 2018
extended period of three weeks, the appeal shall be listed for dismissal. Inspite of the same, till date the office objections are not complied with. Hence, the appeal is dismissed for
non-compliance of office objections.
Sd/JUDGE
MD List No.: 2 Sl No.: 23
JAGADISH RAO AND OTHERS
P. YAJNESHWARA RAO AND OTHERS
H.P. SANDESH
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
