Sri B.S. Kendagannappa vs Sri B.S. Devaraju
2023 Latest Caselaw 5591 Kant

                                              -1-
                                                         NC: 2023:KHC:28708
                                                       RSA No. 1577 of 2019




                        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. 1577 OF 2019 (PAR)

                   BETWEEN:

                   SRI B.S. KENDAGANNAPPA,
                   SON OF LATE SHIVAPPASHETTY B.M.,
                   AGED ABOUT 51 YEARS,
                   RESIDENT OF BASAVAPATNA VILLAGE,
                   RAMANTHPURA HOBLI, ARKALGUD,
                   HASSAN - 573 201.
                                                               ...APPELLANT
                   (BY SRI. MOHAN P S., ADVOCATE (ABSENT))

                   AND:

                   1.    SRI B.S. DEVARAJU,
                         SON OF LATE SHIVAPPASHETTY,
                         AGED ABOUT 73 YEARS,
Digitally signed         D BLOCK, J.P.NAGAR,
by SHARANYA T            MYSORE - 560 078.
Location: HIGH
COURT OF
KARNATAKA          2.    SRI. B.S.BALACHANDRAMURTHY,
                         SON OF LATE SHIVAPPASHETTY,
                         AGED ABOUT 61 YEARS,
                         RESIDING AT D BLOCK,
                         J P NAGAR,
                         MYSORE - 560 078.

                   3.    SMT. DAKSHAYANI B.S.,
                         WIFE OF SANGAPPASHETTY,
                         MAJOR,
                         RESIDENT OF NO.D.NO.185,
                         1ST CROSS, 1ST STAGE,
                            -2-
                                         NC: 2023:KHC:28708
                                     RSA No. 1577 of 2019




     GANGOTHRI LAYOUT,
     MYSORE - 570 001.

4.   SMT. NAGARATNA B.S.,
     WIFE OF LATE GURUKAR RAJU,
     MAJOR,
     RESIDENT OF 7TH ROAD,
     K.R.NAGAR, MYSORE - 571 602.

5.   SMT. ANNAPOORNA B.S.,
     WIFE OF DINAKAR,
     MAJOR,
     RESIDENT NO.D.NO.817/2,
     SHIVAKUMARASWAMY LAYOUT, 2ND STAGE,
     DAVANAGERE - 577 002.

6.   SMT. GEETHA,
     WIFE OF NANJUNDA,
     AGED ABOUT 36 YEARS,
     RESIDENT OF BELAVADI ROAD,
     BASAVAPATNA VILLAGE,
     RAMANTHPURA HOBLI,
     ARKALGUD, HASSAN - 573 201.
                                            ...RESPONDENTS


      THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 14.03.2017 PASSED IN
RA.NO.254/2013 ON THE FILE OF THE 5th ADDITIONAL
DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED     17.07.2013     PASSED     IN     OS.NO.216/2008
(OLD.NO.154/2003) ON THE FILE OF THE SENIOR CIVIL
JUDGE, ARAKALAGUD.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                     -3-
                                                 NC: 2023:KHC:28708
                                               RSA No. 1577 of 2019




                              JUDGMENT

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

31.07.2023 having taken note that the appeal was filed in

the year 2019, the matter was listed for fifth time.

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

given to comply with the office objections with cost of

Rs.1,500/- 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