Shivamma vs Subbanna
2023 Latest Caselaw 5968 Kant

                                               -1-
                                                         NC: 2023:KHC:30448
                                                      RSA No. 1876 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 24TH DAY OF AUGUST, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1876 OF 2021 (INJ)

                   BETWEEN:

                   1.    SHIVAMMA
                         W/O LATE SHIVANANJAPPA,
                         AGED 70 YEARS

                   2.    SHIVABASAMMA
                         D/O LATE SHIVANANJAPPA
                         W/O LATE RAJAPPA,
                         AGED 53 YEARS

                   3.    BASAVANNA
                         S/O LATE SHIVANANJAPPA,
                         AGED 50 YEARS

                   4.    ANANDA
                         S/O LATE SHIVANANJAPPA
Digitally signed
by SHARANYA T            AGED 47 YEARS,
Location: HIGH
COURT OF           5.    NANJUNDASWAMY
KARNATAKA
                         S/O LATE SHIVANANJAPPA
                         AGED 44 YEARS,

                   6.    NAGALAMBIKE
                         D/O LATE SHIVANANJAPPA,
                         AGED 40 YEARS,

                         ALL ARE R/O. HALLADA BEEDI
                         RAMASAMUDRA
                         CHAMARAJANAGAR TOWN.
                                                            ...APPELLANTS
                                (BY SRI P. SHIVAKUMAR, ADVOCATE)
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                                     NC: 2023:KHC:30448
                                   RSA No. 1876 of 2021




AND:

1.   SUBBANNA
     S/O LATE SOMANNA
     AGED 56 YEARS,

2.   RAJAPPA
     S/O LATE SHIVANANJAPPA
     AGED 65 YEARS

3.   BASAVANNA
     S/O LATE SHIVANANJAPPA,
     AGED 58 YEARS

4.   PARASHIVAPPA
     S/O LATE SHEKDAR MALLAPPA
     AGED 70 YEARS,

5.   RENUKA
     W/O LATE MADAPPA,
     AGED 65 YEARS

6.   MAHESHA
     S/O LATE MADAPPA,
     AGED 47 YEARS

     ALL ARE R/O HALLADA BEEDI
     RAMASAMUDRA
     CHAMARAJANAGAR TOWN.

                                        ...RESPONDENTS

     THIS R.S.A IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 19.04.2021
PASSED IN RA.No.43/2018 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND CJM, CHAMARAJANAGAR, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED13.04.2018 PASSED IN OS No.72/2011 ON THE FILE OF
THE PRINCIPAL CIVIL JUDGE (JR.DN) CHAMARAJANAGARA.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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                                              NC: 2023:KHC:30448
                                           RSA No. 1876 of 2021




                             ORDER

This matter is listed fourth time for non compliance of

office objections. In the previous date of hearing i.e., on

10.08.2023 also the counsel for appellants was absent,

however in the ends of justice this Court has granted one more

opportunity to pursue the matter on cost of Rs.500/- and made

it clear that if cost not paid and if office objections are not

complied, list the matter for dismissal. In spite of the order, the

counsel for appellant did not complied the office objections and

also not paid the cost. Hence, the appeal is dismissed for non

compliance of office objections and non payment of cost.

Sd/-

JUDGE

RHS