Smt. Sakamma vs Sri B Lakshman
2023 Latest Caselaw 5992 Kant

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                                                        NC: 2023:KHC:30526
                                                      RSA No. 1569 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. 1569 OF 2021 (DEC/INJ)

                   BETWEEN:

                         SMT. SAKAMMA
                         (SINCE DEAD BY HER LRS)

                   1.    SRI MALLESHA
                         S/O. LATE BORAIAH,
                         AGED ABOUT 60 YEARS,

                   2.    SRI MAHADEVA
                         S/O. LATE BORAIAH,
                         AGED ABOUT 56 YEARS,

                   3.    SRI MAHESHA
                         S/O. LATE BORAIAH,
                         AGED ABOUT 41 YEARS,
Digitally signed
by SHARANYA T      4.    SRI MANJU
Location: HIGH           S/O. LATE BORAIAH,
COURT OF
KARNATAKA                AGED ABOUT 39 YEARS,

                   5.    SRI KRISHNA
                         S/O. LATE BORAIAH,
                         AGED ABOUT 35 YEARS,

                   6.    SMT. PARVATHAMMA
                         W/O. MAHADEVU,
                         AGED ABOUT 54 YEARS,

                   7.    SMT. NEELAMMA
                         W/O. MUTHURAJU,
                         AGED ABOUT 48 YEARS,
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                                          NC: 2023:KHC:30526
                                       RSA No. 1569 of 2021




     ALL THE APPELLANTS NO.1 TO 7 ARE
     R/O. BASAVANAPURA VILLAGE
     (HELAVARA HUNDI)
     MAADAGALLI YELLE
     BELAKAVADI POST,
     YELAWALA HOBLI,
     MYSURU TALUK-571 130.
                                             ...APPELLANTS

          (BY SRI SWAMY M.M., ADVOCATE [ABSENT])

AND:

1.   SRI B. LAKSHMAN
     S/O. SHIVAIAH,
     AGED ABOUT 64 YEARS,
     R/AT D.NO.235, EWS,
     J.T. EXSTENTION,
     KUVEMPUNAGAR
     MYSURU-570 023.
                                             ...RESPONDENT

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 13.11.2020 PASSED IN
R.A.NO.119/2019 ON THE FILE OF THE VII ADDITIONAL
DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 11.12.2018
PASSED IN O.S.NO.900/2006 ON THE FILE OF THE IV
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU.

    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 the matter is listed third

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

ends of justice, granted one more opportunity to the learned

NC: 2023:KHC:30526 RSA No. 1569 of 2021

counsel for the appellants to comply with the office objections

on cost of Rs.500/- 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

appellants has neither paid the cost nor complied with the office

objections.

2. Today, there is no representation on behalf of the

appellants. 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