Sri.Kondayya Ellur S/O ... vs Sri.K.Madhusudan Shetty And Ors
2021 Latest Caselaw 2715 Kant

                            1




          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

        DATED THIS THE 8TH DAY OF JULY, 2021

                         BEFORE

     THE HON'BLE MR.JUSTICE ASHOK S. KINAGI

              MFA No.201945/2014 (CPC)

BETWEEN:

SRI KONDAYYA ELLUR
S/O NARAYANAPPA ELLUR
AGED ABOUT 55 YEARS
OCC: BUSINESS
R/O CHITIGER ONI, SINDHANUR
DIST. RAICHUR
                                         ... APPELLANT
(BY SRI V.K.NAYAK, ADVOCATE)

AND:

1.     SRI K.MADHUSUDAN SHETTY
       S/O K. VITHOBANNA SHETTY
       AGED ABOUT 51 YEARS
       OCC: BUSINESS
       R/O LINGASUGUR, DIST. RAICHUR

2.     SIR AYYANAGOUDA S/O CHANNAGOUDA
       AGED ABOUT 59 YEARS OCC: NIL
       R/O NEAR SANNA GINNA
       SINDHANUR, DIST. RAICHUR

3.     SRI RAMAKRISHNA S/O MAHDAVRAO
       AGED ABOUT 47 YEARS OCC: NIL
       R/O NEAR SANNA GINNA
       SINDHANUR, DIST. RAICHUR

4.     SRI DEVARAJ S/O RACHAPPA
       AGED ABOUT 45 YEARS , OCC: NIL
                           2




     R/O VENU BROTHERS
     GANDHI CHOWK, TQ. GANGAVATHI
     DIST. KOPPAL

5.   SRI ASHOK KUMAR S/O ESHWARAPPA
     AGED ABOUT 56 YEARS OCC: NIL
     R/O C/O COOL DRINKS, JULY NAGAR
     TQ. GANGAVATHI, DIST. KOPPAL

6.   SRI V. LOKAPPA S/O NARASAPPA
     AGED ABOUT 64 YEARS
     OCC: KIRANA MERCHANT
     R/O SIDDALINGAPPA CHOWK
     TQ. HOSPET, DIST. BELLARY

7.   SRI HARISHANKAR S/O VENKATARAMAN
     AGED ABOUT 44 YEARS, OCC: NIL
     R/O MAREMMA HALLI
     TQ. HOSPET, DIST. BELLARY

8.   SRI PARASURAM S/O KUPPAYYA
     AGED ABOUT 47 YEARS, OCC: NIL
     R/O AVINASH TAILOR (OPPOSITE )
     TELEPHONE EXCHANGE
     SINDHANUR, DIST. RAICHUR

9.   MANJUNATH S/O BASAYYA
     AGED ABOUT 39 YEARS, OCC: NIL
     R/O BALAJI KIRANI STORES
     BADE BASE SINDHANUR, DIST. RAICHUR

                                   ... RESPONDENTS
(BY SRI R.S.SIDHAPURKAR, ADVOCATE FOR R1;
 R2, 4, 5 & 7 -SERVED)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
ORDER XLIII RULE 1 OF THE CODE OF CIVIL PROCEDURE R/W
SECTION 75(2) OF PROVINCIAL INSOLVENCY ACT PRAYING TO
SET ASIDE THE JUDGMENT DATED 03.05.2014 PASSED BY THE
PRINCIPAL DISTRICT JUDGE, RAICHUR, IN CIVIL MISC.
NO.5/2009.
                                3




     THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:-


                       JUDGMENT

This Court, on 01.04.2021, granted ten days'

time to comply with the office objections and it was

made clear that, if the office objections are not

complied within ten days, the appeal would be

dismissed.

The appellant has not complied with the office

objections within ten days as per the order dated

01.04.2021. Even today, the learned counsel for the

appellant seeks time to comply with the office

objections. I do not find any ground to grant further

time. In view of the peremptory order dated

01.04.2021, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE NB*