Sri Manjunatha Reddy vs Smt Muniyamma
2023 Latest Caselaw 5255 Kant

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                                                       NC: 2023:KHC:27182
                                                         RSA No. 1152 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 3RD DAY OF AUGUST, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1152 OF 2018 (PAR)

                   BETWEEN:

                   1.    SRI MANJUNATHA REDDY
                         SON OF SRI NAGARAJ
                         @ NAGARAJA REDDY,
                         AGED ABOUT 49 YEARS,
                         RESIDING AT BALLUR VILALGE,
                         ATTIBELE HOBLI, ANEKAL TALUK,
                         BENGALURU DISTRICT-562 107.
                                                             ...APPELLANT

                             (BY SRI. RAJESH A., ADVOCATE [ABSENT])
                   AND:

                   1.    SMT. MUNIYAMMA
                         W/O LATE NANJA REDDY,
                         AGED ABOUT 69 YEARS
Digitally signed
by SHARANYA T
Location: HIGH     2.    SRI N. PRAKASH
COURT OF                 S/O LATE NANJA REDDY,
KARNATAKA
                         AGED ABOUT 45 YEARS

                   3.    SRI N. RAMESH
                         S/O LATE NANJA REDDY,
                         AGED ABOUT 45 YEARS

                   4.    SMT. SAROJA
                         D/O LATE NANJA REDDY,
                         AGED ABOUT 43 YEARS
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                                   NC: 2023:KHC:27182
                                     RSA No. 1152 of 2018




5.   SRI N. MANJUNATH
     S/O LATE NANJA REDDY,
     AGED ABOUT 39 YEARS

6.   SRI N. ANAND KUMAR
     S/O LATE NANJA REDDY,
     AGED ABOUT 38 YEARS

7.   SRI PAPI REDDY
     @ CHIKKAPAPI REDDY
     S/O LATE CHANNA REDDY,
     AGED ABOUT 90 YEARS

8.   SRI MUNI REDDY
     SON OF LATE SRI LINGA REDDY
     @ SRI MUNISWAMY REDDY,
     AGED ABOUT 68 YEARS

     RESPONDENTS 1 TO 8 ARE
     RESIDING AT BALLUR VILLAGE,
     ATTIBELE HOBLI, ANEKAL TALUK,
     BENGALURU URBAN DISTRICT-562 107.
                                         ...RESPONDENTS

          (BY SRI H.P.LEELADHAR, ADVOCATE FOR
                  R1, R2, R3, R5 AND R6;
           SRI MURTHY M., ADVOCATE FOR C/R2)

     THIS RSA IS FILED U/S.100 R/W ORDER XLII RULE 1 OF
CPC,AGAINST THE JUDGMENT AND DECREE DATED 24.03.201
PASSED IN R.A.NO.1/2013 ON THE FILE OF THE III ADDL.
DISTRICT AND SESSIONS JUDGE, ANEKAL ALLOWING THE
APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 22.11.2012 PASSED IN O.S.NO.169/2006 ON THE FILE
OF THE SENIOR CIVIL JUDGE, ANEKAL.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                      NC: 2023:KHC:27182
                                        RSA No. 1152 of 2018




                         JUDGMENT

The appellant's counsel is absent and this Court vide

order dated 20.4.2023 on the request of the appellant's counsel

two weeks time is granted to comply with office objections

when the matter was listed for 5th time for non-compliance and

on payment of cost of Rs.2,500/-. The counsel has not paid the

cost and not complied with office objections. The order is very

clear that, if office objections are not complied within two

weeks, list the matter for dismissal immediately after summer

vacation 2023.

Even in spite of 3½ months have been elapsed, though

two weeks time was granted, cost not paid and office

objections have not complied.

Hence, the appeal is dismissed for non-compliance of

office objections and non-payment of cost.

Sd/-

JUDGE

AP