B G Basavegowda vs Dharma Nayaka
2023 Latest Caselaw 5590 Kant

                                                 -1-
                                                            NC: 2023:KHC:28735
                                                           RSA No. 789 of 2020




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 14TH DAY OF AUGUST, 2023

                                               BEFORE

                                THE HON'BLE MR JUSTICE H.P.SANDESH

                            REGULAR SECOND APPEAL NO.789 OF 2020 (INJ)

                      BETWEEN:

                      B.G.BASAVEGOWDA,
                      AGED ABOUT 62 YEARS,
                      S/O JAVAREGOWDA,
                      R/AT BETTALADUR VILLAGE,
                      HAGARE POST, MADIHALLY POST,
                      BELUR TALUK.
                                                                  ...APPELLANT
                      (BY SRI. SREEKANTHA K S., ADVOCATE (ABSENT))

                      AND:

                      1.    DHARMA NAYAKA,
                            AGED ABOUT YEARS,
                            R/AT BETTALADUR VILLAGE,
Digitally signed by         MADIHALLY POST,
SHARANYA T                  BELUR TALUK.
Location: HIGH
COURT OF
KARNATAKA             2.    LINGEGOWDA,
                            S/O JAVAREGOWDA,
                            AGED ABOUT YEARS,
                            R/AT BETTALADUR VILLAGE,
                            HAGARE POST, MADIHALLY POST,
                            BELUR TALUK.

                      3.    B.G.MANJEGOWDA,
                            AGED ABOUT YEARS,
                            S/O JAVAREGOWDA
                            R/AT BETTALADUR VILLAGE,
                            HAGARE POST, MADIHALLY POST,
                                 -2-
                                            NC: 2023:KHC:28735
                                           RSA No. 789 of 2020




     BELUR TALUK.

4.   B.G.HALLEGOWDA,
     AGED ABOUT YEARS,
     S/O JAVAREGOWDA,
     R/AT BETTALADUR VILLAGE,
     HAGARE POST,MADIHALLY POST,
     BELUR TALUK.

5.   THOPE GOWDA,
     S/O JAVARE GOWDA,
     AGED ABOUT YEARS,
     R/AT BETTALADUR VILLAGE,
     HAGARE POST, MADIHALLY POST,
     BELUR TALUK.
                                               ...RESPONDENTS

      THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 24.09.2018
PASSED IN RA.NO.13/2017 ON THE FILE OF THE SENIOR CIVIL
JUDGE BELUR, DISMISSING THE APPEAL THE CONFIRMING
THE JUDGMENT AND DECREE DATED 02.02.2017 PASSED IN
O.S.NO.182/2009 ON THE FILE OF THE CIVIL JUDGE, BELUR.


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

This Court in the previous occasion i.e., on

31.07.2023 having taken note that the appeal was filed in

the year 2020, the matter was listed for fourth time.

However, in the ends of justice, one more opportunity was

given to comply with the office objections with cost of

NC: 2023:KHC:28735 RSA No. 789 of 2020

Rs.1,000/- and it was also made clear that if office

objections are not complied and if cost is not paid, the

appeal would be dismissed. Inspite of it, the compliance is

not done and cost is also not paid. Hence, the appeal is

dismissed for non compliance of office objections.

Sd/-

JUDGE

DR