K. Khadar Basha S/O K.S.Valisab vs Erappa S/O Jalamara Nagappa
2022 Latest Caselaw 12861 Kant

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 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

       DATED THIS THE 04TH DAY OF NOVEMBER, 2022

                         BEFORE

         THE HON'BLE MS. JUSTICE JYOTI MULIMANI

 REGULAR SECOND APPEAL NO.100503 OF 2021 (MON)

BETWEEN:

K. KHADAR BASHA
S/O K.S.VALISAB
AGE. 47 YEARS, OCC. AGRICULTURE,
R/O. 15TH WARD,
OPPOSITE THERINAMANE, KAMPLI,
TQ: HOSAPETE, DIST.BALLARI.
                                            ...APPELLANT
(BY SRI SHIVARAJ S. BALLOLI, ADVOCATE)

AND:

ERAPPA
S/O JALAMARA NAGAPPA
AGE. 57 YEARS,OCC. AGRICULTURE,
R/O. 14TH WARD,
TALAWARA ONI, KAMPLI,
TQ. HOSAPETE, DIST.BALLARI.
                                          ... RESPONDENT
       THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, PRAYING TO     SET ASIDE TO SET AISDE THE
JUDGMENT AND DECREE DATED 28.10.2021 PASSED IN RA
NO.5028/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT
AND SESSION JUDGE, BALLARI (SITTING AT HOSAPETE) AND
CONSEQUENTLY SET ASIDE THE JUDGMENT AND DECREE DATED
06.07.2018 PASSED BY THE TRIAL COURT IN OS NO.59/2013 ON
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THE FILE THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
HOSAPETE BY ALLOWING THE TOP NOTED APPEAL.


     THIS REGULAR SECOND APPEAL POSTED FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:


                         ORDER

As could be seen from the daily order sheet, the

appeal was listed on 14.10.2022. On that day, at request on

behalf of learned counsel for appellants, finally two weeks

time was granted to comply office objections failing which,

the appeal was ordered to be listed for dismissal on

04.11.2022.

The appeal is listed today. So far office objections are

not complied with.

Counsel for appellant submits that short

accommodation may be granted to comply office objections.

Submission is noted.

In view of earlier peremptory order dated:14.10.2022,

the Regular Second appeal is dismissed for non-

compliance of office objections.

Sd/-

JUDGE

TKN