Shivappa vs Chikkamadappa
2023 Latest Caselaw 5996 Kant

                                               -1-
                                                         NC: 2023:KHC:30527
                                                       RSA No. 1551 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. 1551 OF 2021

                   BETWEEN:

                   1.    SHIVAPPA
                         S/O. LATE SOMAPPA,
                         AGED ABOUT 62 YEARS

                   2.    VEERAPPA
                         S/O. LATE SOMAPPA,
                         AGED ABOUT 67 YEARS

                   3.    MAHADEVAPPA
                         S/O. LATE SOMAPPA,
                         AGED ABOUT 72 YEARS

                         ALL ARE RESIDING AT
                         GURUVINAPURA VILLAGE,
                         TERAKANAMBI HOBLI,
Digitally signed
by SHARANYA T            GUNDLUPET TALUK,
Location: HIGH           CHAMARAJANAGAR
COURT OF                                                    ...APPELLANTS
KARNATAKA

                            (BY SMT. SUMATHI S., ADVOCATE [ABSENT])

                   AND:

                   1.     CHIKKAMADAPPA
                          (DEAD BY LRS)

                   1(a) SAKAMMA
                        W/O. LATE CHIKKAMADAPPA,
                        AGED ABOUT 63 YEARS
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                                           NC: 2023:KHC:30527
                                        RSA No. 1551 of 2021




1(b) SURESHA
     S/O. LATE CHIKKAMADAPPA,
     AGED ABOUT 34 YEARS

1(c) G.C.RAMESHA
     S/O. LATE CHIKKAMADAPPA
     AGED ABOUT 31 YEARS

     ALL ARE RESIDING AT
     GURUVINAPURA VILLAGE,
     TERAKANAMBI HOBLI,
     GUNDLUPET TALUK,
     CHAMARAJANAGAR DISTRICT.
                                              ...RESPONDENTS

      THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 16.10.2020
PASSED IN R.A.NO.47/2019 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, GUNDLUPET, ALLOWING THE APPEAL
AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
31.07.2019 PASSED IN O.S.NO.104/2009 ON THE FILE OF THE
PRL. CIVIL JUDGE AND JMFC, GUNDLUPET.

    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

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

NC: 2023:KHC:30527 RSA No. 1551 of 2021

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