Mahadeva vs Amase Madaiah
2023 Latest Caselaw 5991 Kant

                                               -1-
                                                         NC: 2023:KHC:30525
                                                       RSA No. 1613 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 28TH DAY OF AUGUST, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                           REGULAR SECOND APPEAL NO. 1613 OF 2021

                   BETWEEN:

                   1.    MAHADEVA
                         S/O. LATE BASAVAIAH
                         AGED ABOUT 55 YEARS
                         R/AT NO.17L4, NAGANAHALLI
                         ALANAHALLI POST
                         MYSORE TOWN.
                                                            ...APPELLANT

                            (BY SMT. SUMATHI S., ADVOCATE [ABSENT])
                   AND:
                   1.    AMASE MADAIAH
                         S/O. LATE KUNNAMADAIAH
                         AGED ABOUT 80 YEARS

                   2.    GEETHA
Digitally signed         W/O. NAGARAJU
by SHARANYA T
Location: HIGH
                         AGED ABOUT 35 YEARS
COURT OF
KARNATAKA                BOTH ARE RESIDENT OF
                         UTHUVALLI VILALGE
                         CHAMARAJANAGAR TALUK
                         AND DISTRICT.

                   3.    B. GURU
                         S/O. LATE BASAVAIAH
                         AGED ABOUT 50 YEARS
                         R/AT 1ST CROSS
                         AMBEDKAR COLONY
                         YARAGANAHALLI
                         SIDDARTHANAGAR POST
                         MYSORE TOWN.
                            -2-
                                      NC: 2023:KHC:30525
                                    RSA No. 1613 of 2021




4.   CHIKKAMAHADEVA
     S/O. LATE BASAVAIAH
     AGED ABOUT 45 YEARS
5.   RANGASWAMY
     S/O. LATE CHINNAIAH
     AGED ABOUT 40 YEARS

6.   KUMAR
     S/O. RANGASWAMY
     AGED ABOUT 25 YEARS

7.   CHANDRAKUMARI
     D/O. RANGASWAMY
     AGED ABOUT 17 YEARS

8.   RAJKUMAR
     S/O. RANGASWAMY
     AGED ABOUT 15 YEARS

     THE RESPONDENTS NO.5 TO 8
     ARE R/AT NO.174,
     NAGAHANAHALLI
     ALANAHALLI POST
     MYSORE TOWN.
                                        ...RESPONDENTS

      THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 14.12.2020
PASSED IN R.A.NO.115/2017 ON THE FILE OF THE SENIOR
CIVIL JDUGE AND CJM ALLOWING THE APPEAL AND SETTING
ASIDE    THE JUDGMENT AND DECREE DATED 26.10.2017
PASSED IN O.S.NO.112/2010 ON THE FILE OF THE PRINCIPAL
CIVIL JUDGE (JR.DN), CHAMARAJANAGARA.

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

                        ORDER

This Court, vide order dated 11.08.2023 observed

that this matter is of the year 2021 and learned counsel

NC: 2023:KHC:30525 RSA No. 1613 of 2021

for the appellant is absent and the matter is listed fourth

time for non-compliance of office objections. However, in

the ends of justice, granted one more opportunity to the

learned counsel for the appellant to comply with the office

objections on cost of Rs.1,000/- payable at Registry and

also made it clear that, if the cost is not paid and the office

objections are not complied, list the matter for dismissal

on the next date of hearing. Inspite of the said order, the

learned counsel for the appellant has neither paid the cost

nor complied with the office objections.

2. Today also, there is no representation on behalf

of the appellant. Hence, in view of the order dated

11.08.2023, the appeal is dismissed for non-compliance of

office objections and non-payment of cost.

Sd/-

JUDGE

ST