K M Mahadevaiah vs Akilabi
2023 Latest Caselaw 5256 Kant

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                                                       NC: 2023:KHC:27183
                                                         RSA No. 1023 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. 1023 OF 2018

                   BETWEEN:

                   1.    K.M.MAHADEVAIAH
                         S/O LATE MALLAIAH,
                         R/O KADABA,
                         GUBBI TALUK-572 101.
                                                             ...APPELLANT

                                   (BY SRI H.V.MANJUNATHA &
                                SMT.R.MANJULADEVI, ADVOCATES )
                   AND:

                   1.    AKILABI
                         AGED ABOUT 53 YEARS
                         W/O ANVAR SAB,
                         R/O JANATHA COLONY, KADABA,
                         GUBBI TALUK-572 101.
Digitally signed
by SHARANYA T
Location: HIGH     2.    HANUMANTHAIAH
COURT OF                 S/O LATE BYALAPPA,
KARNATAKA
                         AGED ABOUT 63 YEARS
                         R/AT SHETTIHALLY, SOLLAPURA POST,
                         KIKKERI HOBLI, K.R.PET TALUK,
                         MANDYA DISTRICT.

                   3.    KRISHNAMURTHY
                         S/O HANUMANTHAIAH,
                         AGED ABOUT 43 YEARS

                   4.    RAMAIAH
                         S/O HANUMANTHAIAH,
                         AGED ABOUT 38 YEARS
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                                       NC: 2023:KHC:27183
                                          RSA No. 1023 of 2018




    R3 AND R4 ARE R/AT SHETTIHALLY,
    SOLLAPURA POST, KIKKERI HOBLI,
    K.R.PET TALUK, MANDYA DISTRICT.
                                                ...RESPONDENTS

     THIS R.S.A. IS FILED UNDER SECTION 100 R/W. ORDER
XLII OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE IN R.A.NO.15/2014 PASSED ON 18.09.2017 ON THE
FILE OF PRL. SENIOR CIVIL JUDGE AT GUBBI AND TO
CONFIRM THE JUDGMENT AND DECREE IN O.S.NO.236/2001
PASSED ON 13.02.2014 ON THE FILE OF PRL. SENIOR CIVIL
JUDGE AT GUBBI.

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

                          JUDGMENT

Counsel submits that he has informed the trial Court

Advocate and he has not informed and this Court also granted

time on 20.4.2023 granting another two weeks time to comply

with office objections on further cost of Rs.500/-.

Further cost also not paid and even office objections are

not complied, almost 3 ½ months have elapsed, till date office

objections not complied and the earlier order is very clear that,

if office objections not complied and cost not paid, the appeal

will be listed for dismissal on the next date of hearing and

hence, no grounds to again adjourn the matter.

NC: 2023:KHC:27183 RSA No. 1023 of 2018

Accordingly, appeal is dismissed for non-payment of

further cost and non-compliance of office objections.

Sd/-

JUDGE

AP