Gangappa vs Girijamma
2023 Latest Caselaw 2346 Kant

                                              -1-
                                                       RSA No. 1704 of 2017




                        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. 1704 OF 2017

                   BETWEEN:

                   1.    GANGAPPA
                         SON OF NAGAPPA
                         AGED ABOUT 70 YEARS
                         AGRICULTURIST
                         RESIDENT OF MALAHAL VILLAGE
                         CHANNAGIRI TALUK.

                   2.    SMT. PREMA
                         WIFE OF NUNKAPPA
                         AGED ABOUT 35 YEARS
                         RESIDENT OF GUTTIHOSAHALLI VILLAGE
                         HOLALKERE TALUK.
                                                                  ...APPELLANTS

                                 (BY SRI. D.P.MAHESH, ADVOCATE)
Digitally signed
by SHARANYA T
Location: HIGH     AND:
COURT OF
KARNATAKA
                   1.    GIRIJAMMA
                         WIFE OF RANGAPPA
                         D/O. NAGAPPA
                         AGED ABOUT 65 YEARS
                         RESIDENT OF MALAHAL VILLAGE
                         CHANNAGIRI TALUK.

                   2.    SMT. LALITHAMMA
                         WIFE OF HUCHHAPPA
                         AGED ABOUT 58 YEARS
                         RESIDENT OF HANUANAHALLI
                             -2-
                                      RSA No. 1704 of 2017




     CHIKKAJAJUR POST
     HOLALKERE TALUK

3.   SMT. SUMITHRA
     WIFE OF GOVINDAPPA
     AGED ABOUT 36 YEARS
     RESIDENT OF KASAVANAHALLI,
     NEAR HARAKERE DEVARAPURA VILLAGE,
     HOLALKERE TALUK.

4.   SRI NAGENDRAPPA
     SON OF NAGAPPA
     AGED ABOUT 58 YEARS
     FOREST GUARD,
     UBRANI FOREST AREA,
     FOREST RANGE OFFICER
     CHANNAGIRI.

5.   SMT. HANUMAMMA
     WIFE OF MANJAPPA
     CLAIMING TO BE WIFE OF NAGAPPA
     AGED ABOUT 72 YEARS
     RESIDENT OF KULAGATTE VILLAGE
     HONNALI TALUK.

6.   LOKEHSHAPPA
     SON OF NAGAPPA
     AGED ABOUT 51 YEARS
     RESIDENT OF MALAHAL VILLAGE
     CHANNAGIRI TALUK.
                                          ...RESPONDENTS

      THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 30.10.2015 PASSED IN
R.A. NO.45/2010 ON THE FILE OF THE I ADDITIONAL DISTRICT
AND SESSIONS JUDGE AT DAVANGERE, PARTLY ALLOWING
THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE
DATED 23.03.2010 PASSED IN O.S. NO.195/2007 ON THE FILE
OF THE I ADDL.CIVIL JUDGE (SR.DN) AT DAVANGERE.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
                               -3-
                                         RSA No. 1704 of 2017




                            ORDER

This Court, vide order dated 11.04.2023 considering that

appeal was filed in 2017 and the matter is listed fifth time for

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

comply with the office objections on cost of Rs.2,500/-. 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 appellants has

not complied with the office objections, even though the matter

is listed sixth time for non-compliance of 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