Eshwarappa S/O. Chennabasappa ... vs Jagesh(Jadesh) S/O. Eshwarappa ...
2022 Latest Caselaw 13020 Kant

                              1




     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

       DATED THIS THE 15TH DAY OF NOVEMBER, 2022

                           BEFORE

         THE HON'BLE MS. JUSTICE JYOTI MULIMANI

 REGULAR SECOND APPEAL NO.100963 OF 2018 (INJ)

BETWEEN:

ESHWARAPPA
S/O CHENNABASAPPA HOSAKOTE,
AGED: ABOUT 50 YEARS,
AGRICULTURIST,
R/O: METRI VILLAGE,
HOSAPETE TALUK,
BALLARI DIST.
                                             ...APPELLANT
(BY SMT. SUNITHA P.KALASOOR, ADVOCATE)

AND:

1.      JAGESH (JADESH)
        S/O ESHWARAPPA
        HOSAKOTE, AGED ABOUT 29 YEARS,
        AGRICULTURIST, R/O: METRI VILLAGE,
        HOSAPETE TALUK, BALLARI DIST.

2.      K. KOMARAPPA
        S/O. K. HANUMANTHAPPA
        AGED ABOUT 40 YEARS,
        OCC: AGRICULTURIST,
        R/O: METRI VILLAGE,
        HOSAPETE TALUK, BALLARI DISTRICT.

3.      JAMBAIAH
        S/O. CHENNABASAPPA HOSAKOTE
        AGE: 47 YEARS,
        SINCE DECEASED BY HIS LR'S.
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      a)    H. HEMALATHA
            W/O. BASAVANNA GOWDA
            D/O LATE JAMBANNA HOSAKOTE,
            AGE:30 YEARS, OCC:HOUSEWIFE,
            R/O. YAMMIGANUR,
            BALLARI TALUK AND DISTRICT.

      b)    NETRAVATHI
            W/O TAYAPPA
            D/O LATE. JAMBAIAH HOSAKOTE,
            AGE: 28 YEARS, OCC:HOUSEWIFE,
            R/O: AGOLI POST,
            GANGAVATHI TALUK, KOPPAL DIST.

      c)    H. MANUNATHA
            S/O. LATE H JAMBANNA
            AGE ABOUT 26 YEARS,
            OCC:AGRICULTURIST,
            R/O. METRI VILLAGE,
            HOSAPETE TALUK,
            BALLARI DISTRICT.
                                             ... RESPONDENTS

     THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC WITH ORDER 43 RULE 1 OF CPC, PRAYING THAT
THE JUDGMENT AND DECREE PASSED IN O.SNO.390/2014
DATED 15.12.2016 PASSED BY THE ADDL. SENIOR CIVIL JUDGE
AND J.M.F.C. HOSAPETE AND THE JUDGMENT AND DECREE
PASSED IN R.A.NO.5001/2017 PASSED BY THE III ADDL.
DISTRICT AND SESSIONS JUDGE, BALLARI, SITTING AT
HOSAPETE DATED 06.09.2018 MAY BE SET ASIDE.

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

                           ORDER

The captioned appeal is listed today for orders

regarding non-compliance of office objections for fifth time.

As could be seen from the daily order sheet, the

appeal was listed on 02.11.2022. On that day, at request on

behalf of learned counsel for appellant, a week's time was

granted to comply office objections and the appeal was

ordered to be listed on 15.11.2022.

The appeal is listed today. So far office objections are

not complied with.

Despite giving several opportunities, office objections

are not complied. Hence, the Regular Second Appeal is

dismissed for non-compliance of office objections.

Sd/-

JUDGE

TKN