Sri R Narayana vs Smt Saraswathamma
2023 Latest Caselaw 2345 Kant

                                                  -1-
                                                         RSA No. 828 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 21ST DAY OF APRIL, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 828 OF 2018 (PAR)

                   BETWEEN:

                   1.    SRI. R. NARAYANA
                         S/O. LATE SRI RAMAPPA,
                         AGED ABOUT 62 YEARS
                         R/O. SHIVAKESHAVA NAGARA,
                         MUTHYALAPETE,
                         MULBAGAL TOWN,
                         KOLAR DISTRICT - 563 131.
                                                             ...APPELLANT

                               (BY SRI. JAGADEESHA K.J., ADVOCATE)

                   AND:

                   1.    SMT. SARASWATHAMMA
Digitally signed
                         W/O. LATE SRI RAMAPPA,
by SHARANYA T            AGED ABOUT 75 YEARS
Location: HIGH
COURT OF           2.    SRI NAGARAJ
KARNATAKA
                         S/O. LATE SRI RAMAPPA
                         AGED ABOUT 45 YEARS

                   3.    SRI MANJUNATHA
                         S/O. LATE SRI RAMAPPA
                         AGED ABOUT 42 YEARS

                         RESPONDENT NOS.1 TO 3 ARE
                         RESIDENTS OF OORAKUNTE
                         MITTOOR VILLAGE, AVANI HOBLI,
                         MULBAGAL TALUK,
                         KOLAR DISTRICT - 563 131.
                               -2-
                                          RSA No. 828 of 2018




4.   SMT. SUSHEELAMMA
     W/O. SRI SEENAPPA
     D/O. LATE SRI RAMAPPA
     R/O. PADMAGATTA VILLAGE,
     BYRAKURU HOBLI,
     MULBAGAL TALUK - 563 131.

5.   SMT. ANASUYA
     W/O. NARAYANASWAMY,
     D/O. LATE SRI RAMAPPA,
     AGED ABOUT 35 YEARS
     R/O. ALLAGANAHALLI VILLAGE,
     DUGGASANDRA HOBLI,
     MULBAGAL TALUK - 563 131.

6.   SMT. UMA
     W/O. SRI NARAYANASWAMY,
     D/O. LATE SRI RAMAPPA,
     AGED ABOUT 32 YEARS
     R/O. ATHIPALLI VILLAGE,
     BYRAKURU HOBLI,
     MULBAGAL TALUK - 563 131.
                                              ...RESPONDENTS

     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 01.08.2017
PASSED IN R.A.NO.141/2013 ON THE FILE OF THE I
ADDITIONAL DISTRICT JUDGE, KOLAR, ALLOWING THE APPEAL
AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
12.09.2012 PASSED IN O.S.NO.119/2007 ON THE FILE OF THE
SENIOR CIVIL JUDGE AT MULBAGAL.

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

                            ORDER

This Court, vide order dated 11.04.2023 considering that

appeal was filed in 2018 and the matter is listed third time for

non-compliance of office objections, granted ten days time to

RSA No. 828 of 2018

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

also made clear that, if the cost is not paid and the office

objections are not complied within ten days, list the matter for

dismissal. Inspite of it, learned counsel for the appellant has

not complied with the office objections and also not paid the

cost.

Accordingly, in terms of the preemptory order dated

11.04.2023, the appeal is dismissed for non-compliance of

office objections and non-payment of cost.

Sd/-

JUDGE

ST