Sri. C. Govindaswamy vs Sri. R Jayaprakash
2023 Latest Caselaw 2283 Kant

                                              -1-
                                                        RSA No. 256 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 19TH DAY OF APRIL, 2023

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                         REGULAR SECOND APPEAL NO.256 OF 2018 (SP)

                   BETWEEN:

                   1.    SRI C GOVINDASWAMY
                         SON OF LATE V CHOKKALINGAM
                         AGED ABOUT 68 YEARS
                         OCC: RETIRED EMPLOYEE
                         R/AT NO.2526/18, 6TH MAIN,
                         SARAKKI VILLAGE, J P NAGAR, I PHASE
                         BENGALURU-560078
                                                               ...APPELLANT

                   (BY SRI CHIKKANAGOUDAR L S.,ADVOCATE [ABSENT])

Digitally signed
by SHARANYA T      AND:
Location: HIGH
COURT OF
KARNATAKA          1.    SRI. R JAYAPRAKASH
                         SON OF LATE C RAMAKRISHNAPPA
                         AGED ABOUT 57 YEARS,
                         OCC: RETD EMPLOYEE IN
                         RESIDING NEAR CANARA BANK
                         MAIN ROAD, VARTHUR
                         BENGLAURU-560087

                   2.    SMT. VARALAKSHMI
                         WIFE OF LATE C RAMAKRISHNAPPA
                         AGED ABOUT 77 YEARS,
                         OCC: NOT KNOWN
                            -2-
                                   RSA No. 256 of 2018




     RESIDING NEAR CANARA BANK
     MAIN ROAD, VARTHUR
     BANGALORE-560087

3.   SRI L PRABHAKAR
     SON OF LATE B LAKSHMINARAYANA REDDY
     AGED ABOUT 57 YEARS,
     OCC: NOT KNOWN
     RESIDING AT NO.8/2
     3RD MAIN ROAD,
     SHANKARAPURAM
     BASAVANAGUDI
     BENGALURU-560004


                                      ...RESPONDENTS

(BY SRI. RAMESH GOUDA K, ADVOCATE FOR C/R3)


       THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC

AGAINST THE JUDGMENT AND DECREE DATED 24.11.2017

PASSED IN R.A.NO.5021/2013 ON THE FILE OF THE III

ADDITIONAL      DISTRICT    AND   SESSIONS     JUDGE,

BENGALURU RURAL DISTRICT, SITTING AT ANEKAL AND

ETC.


       THIS R.S.A. COMING ON FOR ORDERS THIS DAY,

THE COURT DELIVERED THE FOLLOWING:
                              -3-
                                        RSA No. 256 of 2018




                          ORDER

This matter was listed before the Registrar (Judicial)

on 07.09.2018 and the counsel for the appellant was

absent however, one week time was granted to comply

with the office objections and also made it clear that if

office objections are not complied within the time, the

matter will be listed before the Court. Accordingly, the

matter was listed before the Court on 16.09.2019 and the

counsel sought three weeks time to comply with the office

objections and this Court granted the time as sought and

also made it clear that if office objections are not complied

within the time, the appeal will be dismissed for non-

prosecution. Once again the matter was listed on

11.12.2019 and on that day, the counsel submits that

except the office objection as regards furnishing complete

decree copy of the Trial Court and authentication of

verifying affidavit, the other office objections have been

complied with and again sought time of two weeks to

comply with the remaining office objections and this Court

granted the time of two weeks on payment of cost of

RSA No. 256 of 2018

Rs.500/-. Inspite of granting sufficient time, till date, the

counsel for the appellant has not complied with the office

objections and also not paid the cost. Hence, the appeal is

dismissed for non-compliance of office objections and also

non-payment of cost.

Sd/-

JUDGE

SN