Citation : 2023 Latest Caselaw 5510 Kant
Judgement Date : 10 August, 2023
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NC: 2023:KHC:28320
RSA No. 2353 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 2353 OF 2017 (MON)
BETWEEN:
MR. CHEPPUDIRA MUDDAPPA,
S/O SUBBAIAH,
AGED ABOUT 60 YEARS,
R/O. FOREST VIEW ESTATE,
KANOOR VILLAGES AND POST,
VIRAJPET TALUK-571 218,
SOUTH KODAGU.
...APPELLANT
(BY SMT. ARADHANA LAKHTAKIA, ADVOCATE [ABSENT])
AND:
1. SMT. MEERA
D/O. V. SANTOSH,
AGED ABOUT 46 YEARS,
Digitally signed
by SHARANYA T R/O. NO.2, 7TH MAIN,
Location: HIGH JAYALAKSHMIPURAM,
COURT OF MYSORE,
KARNATAKA
PERMANENT
R/O. KOTHUR VILLAGE,
VIRAJPET TALUK-571 218,
S. KODAGU.
...RESPONDENT
(BY SRI. SACHIN B.S., ADVOCATE FOR C/R)
THIS RSA IS FILED UNDER SEC.100 R/W ORDER 42 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED 5.08.2017
PASSED IN R.A.NO.39/2013 ON THE FILE OF THE II ADDL.
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NC: 2023:KHC:28320
RSA No. 2353 of 2017
DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI,
SITTING AT VIRAJPET AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
ORDER
The counsel for the appellant is absent. This matter
is listed for eighth time for compliance of office objections.
This appeal is filed on 16.11.2017 and till date office
objections are not complied not only on the main appeal
but also on interlocutory applications. This Court granted
time to the counsel for the appellant on his request on
cost of Rs.2,500/- in the month of March 2023 but office
objections are not complied and cost is also not paid and
again on 24.03.2023, one week time was granted on
further cost of Rs.1,000/- and on 10.04.2023, the counsel
for the appellant submits that he has complied with office
objection No.1 as well as office objections raised on
I.A.Nos.1 to 3 of 2023 and in view of the said submission,
this Court ordered to post the matter for consideration of
I.A.Nos.1 to 3 of 2023. But, today also, the matter is
listed for non-compliance of office objection Nos.1 and 2
NC: 2023:KHC:28320 RSA No. 2353 of 2017
and the counsel for the appellant is not present before the
Court. Hence, the conduct of the counsel for the appellant
shows that he is not interested in pursuing the matter
diligently. Accordingly, the appeal is dismissed for non-
compliance of office objections.
Sd/-
JUDGE
SN
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