K S Lakshmeesha vs P Shankara Prabhu
2023 Latest Caselaw 5844 Kant

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                                                          NC: 2023:KHC:29870
                                                       RSA No. 1359 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 22ND DAY OF AUGUST, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                           REGULAR SECOND APPEAL NO. 1359 OF 2017

                   BETWEEN:

                         K.S. LAKSHMEESHA
                         S/O SUBRAMANYA
                         AGED ABOUT 55 YEARS,
                         EDITOR AND PUBLISHER OF
                         LAKSHMEESHA PATHRIKE
                         R/O CAR STREET
                         THIRTHAHALLI-577432
                         SHIMOGA DISTRICT.
                                                             ... APPELLANT
                                 (BY SRI PRASAD B.S., ADVOCATE)
                   AND:

                   1.    P.SHANKARA PRABHU
Digitally signed         D/O H. NARAYANA PRABHU,
by SHARANYA T            AGED ABOUT 67 YEARS
Location: HIGH           R/O D.NO.9, 4-75,
COURT OF
KARNATAKA                KUDVAS COMPOUND
                         OPP. KEB OFFICE
                         UDUPI-576101.
                                                              ...RESPONDENT

                        THIS R.S.A IS FILED UNDER SEC.100 OF CPC., AGAINST
                   THE JUDGMENT AND DECREE DATED 25.3.2017 PASSED IN
                   R.A. NO.97/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE
                   AND JMFC, SAGAR, DISMISSING          THE APPEAL AND
                   CONFIRMING THE JUDGMENT AND DECREE DATED 31.07.2013
                   PASSED IN O.S.NO.68/1999 AND OS NO.51/2002 ON THE FILE
                   OF THE CIVIL JUDGE, HOSANAGARA.
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                                             NC: 2023:KHC:29870
                                          RSA No. 1359 of 2017




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



                          JUDGMENT

This appeal was filed in the year 2017. Thereafter, the

matter was listed before the Court on 17.12.2019 and on that

day none appears before the Court. However in the ends of the

justice the Court has granted the time and the matter again

listed on 23.10.2021, once again a week's time was granted

and even on that day also the counsel for appellant has not

complied with the office objections. Once again the matter was

listed on 19.07.2022, on that day also the office objections are

not complied by the counsel for appellant, the matter was again

listed on 14.12.2022, again the counsel for appellant seeks

time to comply with office objections. hence, two weeks time

was granted to the counsel but, he has not complied the same.

2. When the matter listed before this Court on

11.04.2023, this Court taking into note of the appeal is of the

year 2017, however in the ends of the justice another 10 days

time was granted to comply with office objections and to pay

the cost of Rs.1,000/- and also made it clear that, if cost is not

NC: 2023:KHC:29870 RSA No. 1359 of 2017

paid and if office objections are not complied within 10 days,

list the matter for dismissal on 21.04.2023. But, on

21.04.2023, the counsel for appellant was made the submission

that he has paid the deficit court fee and one more office

objection is pending and same has to be clarified within two

weeks.

3. In spite of sufficient time was given, the counsel

for appellant has not produced the cost paid receipt for having

paid the cost and also not complied with the office objections.

The counsel for appellant has not complied with the office

objections since from 2017 to 2023.

4. Hence, the appeal is dismissed for non compliance

of office objections and also non payment of the cost.

Sd/-

JUDGE

RHS