A K Hanumanthappa vs Smt Gayathri
2023 Latest Caselaw 2229 Kant

                                                -1-
                                                          RSA No. 712 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 13TH DAY OF APRIL, 2023

                                              BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 712 OF 2022 (PAR)

                   BETWEEN:

                         A.K. HANUMANTHAPPA
                         S/O. GANGAMMA,
                         DECEASED,

                   1.    MARIDEVAPPA,
                         S/O. LATE A.K. HANUMANTHAPPA ,
                         AGED ABOUT 52 YEARS,
                         AGRICULTURIST,

                         JAGADISH
                         S/O. LATE A.K. HANUMANTHAPPA
                         DEAD BY LRS,

                   2.    SMT. SUNITHA,
                         W/O. LATE JAGADISH,
Digitally signed         AGED ABOUT 42 YEARS,
by SHARANYA T
Location: HIGH     3.    PRATHAP
COURT OF                 S/O. LATE JAGADISH,
KARNATAKA
                         AGED ABOUT 22 YEARS,

                   4.    MANOJ. J
                         S/O. LATE JAGADISH,
                         MINOR,
                         REPRESENTED BY THEIR NATURAL GUARDIAN
                         MOTHER, APPELLANT NO.2.

                         ALL ARE R/O. A.K. COLONY,
                         KUMBLURU VILLAGE, KUMBLURU,
                         MALEBENNUR HOBLI,
                             -2-
                                    RSA No. 712 of 2022




     HARIHARA TALUK,
     DAVANAGERE DISTRICT-577 530.
                                        ...APPELLANTS
         (BY SRI. BALU MAHENDRA Y.H., ADVOCATE)
AND:
1.   SMT. GAYATHRI
     W/O. MANJAPPA,
     AGED ABOUT 45 YEARS,
     R/O. YAREHALLI VILLAGE,
     YAKKANAHALLI POST,
     HONNALI TALUK,
     DAVANAGERE DISTRICT-577 219.

2.   SMT. GEETHA
     W/O. BALAKRISHNA,
     AGED ABOUT 42 YEARS,
     R/O. NO.1552/2, 4TH MAIN,
     2ND CROSS
     NITUVALLI NEW EXTENSION,
     DAVANAGERE-577 004.
3.   SMT. SUDHA KOLLAPUR
     W/O. MUNIYAPPA,
     AGED ABOUT 39 YEARS,
     R/O. VAIKUNTA TRUST,
     HARIHARA ROAD,
     DAVANAGERE -577 004.

4.   SMT. SAKAMMA
     W/O. LATE A.K. HANUMANTHAPPA
     (DECEASED)
     R/O. VAIKUNTA TRUST,
     HARIHARA ROAD,
     DAVANAGERE-577 004.
                                        ...RESPONDENTS
     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 28.02.2022 PASSED IN
R.A.NO.115/2017 ON THE FILE OF THE       II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, DAVANAGERE, ALLOWING
THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 31.08.2017 PASSED IN O.S.NO.6/2015 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JMFC, HARIHAR.
                                -3-
                                           RSA No. 712 of 2022




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

                            ORDER

This Court, vide order dated 16.02.2023 observed that

appeal was filed in 2022 and matter is listed third time for non-

compliance of office objections and counsel was absent.

However, in the ends of justice, granted two weeks time to

comply with the office objections on cost of Rs.1,500/- payable

at Registry and also made it clear that, if the office objections

are not complied within two weeks, list the matter for dismissal

after two weeks.

Even though the said order was passed on 16.02.2023

granting two weeks time to comply with the office objections on

payment of cost of Rs.1,500/-, learned counsel for the

appellants has not paid the cost and also not complied with the

office objections.

Hence, in view of the peremptory order, the appeal is

dismissed for non-payment of cost and non-compliance of office

objections.

Sd/-

JUDGE

ST