Santosh vs Smt.Sarubai And Anr
2021 Latest Caselaw 3268 Kant

          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

       DATED THIS THE 31ST DAY OF AUGUST 2021

                          BEFORE

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

       REGULAR SECOND APPEAL No.200420/2017

BETWEEN:

SANTOSH S/O LATE MARUTI GOWLI
AGE: 44 YEARS, OCC: AGRICULTURE
R/O VILLAGE CHANDAKAPUR
TQ. BASAVAKALYAN, DIST. BIDAR
                                                 ... APPELLANT
(BY SRI SACHIN M. MAHAJAN, ADVOCATE)

AND:

1.     SMT. SARUBAI W/O HARIBA GOWLI
       AGE: 64 YEARS, OCC: HOUSEHOLD
       R/O SHAHAPUR LOCALITY
       BASAVAKALYAN, DIST. BIDAR-585327

2.     VASANT S/O HUSENI RANGARE
       AGE: 48 YEARS, OCC: AGRICULTURE
       R/O VILLAGE SASTAPUR
       TQ. BASAVAKALYAN
       DIST. BIDAR-585327
                                              ... RESPONDENTS


       THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF    THE CODE OF    CIVIL   PROCEDURE   PRAYING   TO SET
ASIDE/MODIFY THE JUDGMENT AND DECREE DATED 20.12.2013
PASSED BY THE LEARNED SENIOR CIVIL JUDGE AT BASAVAKALYAN
IN O.S.NO.19/2013 AND THE JUDGMENT AND DECREE DATED
05.03.2016 PASSED BY THE LEARNED II-ADDITIONAL DISTRICT AND
                                              RSA No.200420/2017
                               2


SESSIONS   JUDGE AT BIDAR,      SITTING AT    BASAVAKALYAN    IN
R.A.NO.14/2014 AND CONSEQUENTLY DECREE THE SUIT OF THE
PLAINTIFF/APPELLANT HEREIN AS PRAYED FOR.


     THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL/VIDEO CONFERENCING HEARING, THIS DAY
THE COURT MADE THE FOLLOWING:


                            ORDER

The learned counsel for the appellant is physically present

in the Court and submits that despite his repeated instructions

and requests, he has not been furnished with the certified copy

of the decree passed in Regular Appeal which is impugned in

this appeal, as such, he is not able to comply the office

objections and prays to proceed to pass appropriate orders in

that regard.

A perusal of the order sheet would go to show that in this

appeal of the year 2017, several and sufficient opportunities

even as finally, as a last chance and as an ultimate chance,

have been granted to the appellant to comply with the office

objections. Since the learned counsel for the appellant himself

pleads his helplessness that due to non-furnishing of certified

copy of the decree he is not able to comply the office objection,

it has to be held that office objection is not complied with. As RSA No.200420/2017

such, the appeal stands dismissed for non-compliance of office

objections.

Sd/-

JUDGE

NB*