Sumangala Shirahattimath vs Subhas Malakajappanavar
2022 Latest Caselaw 13036 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

                M.S.A. NO.100100 OF 2019

BETWEEN:
SUMANGALA SHIRAHATTIMATH
W/O. SHIVAYYA
AGE: 48 YEARS, OCC: HOUSEHOLD,
R/O. BENGERI GALLI, HUBBALLI-580009,
DIST: DHARWAD.
                                              ...APPELLANT
[BY SRI C.S.SHETTAR, ADVOCATE]

AND:

1.     SUBHAS MALAKAJAPPANAVAR
       S/O VEERABHADRAYYA
       AGE:43 YEARS, OCC:SERVICE,
       R/O JAKANUR 587201,
       TAL:BADAMI, DIST:BAGALAKOTE.

2.     IRANNA MALAKAJAPPANAVAR
       S/O VEERABHADRAYYA
       AGE:38 YEARS, OCC:AGRICULTURE,
       R/O JAKANUR 587201, TAL:BADAMI,
       DIST:BAGALAKOTE.

3.     UMESH MALAKAJAPPANAVAR
       S/O VEERABHADRAYYA
       AGE:33 YEARS, OCC:SERVICE,
       R/O JAKANUR 587201,
       TAL: BADAMI, DIST:BAGALAKOTE.
                                           ... RESPONDENTS
                               2




      THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
ORDER 43 RULE 1(U) U/SECTION 100 OF CPC, PRAYING TO
SETTING    ASIDE     THE   JUDGMENT        AND   DECREE    IN
R.A.NO.29/2016 DATED: 03.07.2019 PASSED BY THE SENIOR
CIVIL JUDGE AND JMFC., BADAMI AND CONFIRM THE JUDGMENT
AND DECREE PASSED BY CIVIL JUDGE COURT, BADAMI IN
O.S.NO. 96/2010 DATED 29.09.2016.

      THIS 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 third time.

As could be seen from the daily order sheet, the

appeal was listed on 18.10.2022 and finally a week's time

was granted to comply office objections.

The appeal is listed today. So far office objections are

not complied with.

Despite giving several opportunities, the appellant has

not instructed the counsel on record to comply office

objections. Hence, the Miscellaneous Second Appeal is

dismissed for non-compliance of office objections.

Sd/-

JUDGE

TKN