M B Suresh Kumar vs T P Puttaswamy
2023 Latest Caselaw 5998 Kant

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                                                        NC: 2023:KHC:30484
                                                      RSA No. 1181 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.1181 OF 2021 (DEC/INJ)

                   BETWEEN:

                   M B SURESH KUMAR
                   SON OF S BHYRAPPA
                   AGED ABOUT 56 YEARS
                   R/AT NO.42/B-1,. 1ST MAIN ROAD
                   4TH CROSS, YADAVAGIRI, MYSORE
                                                             ...APPELLANT
                   (BY SRI BYRAPPA S, ADVOCATE [ABSENT])

                   AND:

                         T P PUTTASWAMY SINCE DEAD BY LRS
Digitally signed
by SHARANYA T
                   1.    S JAYAMMA, AGED ABOUT 86 YEARS
Location: HIGH
COURT OF
KARNATAKA
                   2.    T P SUBRAMANYA, AGED ABOUT 62 YEARS

                   3.    T P SUMANAGALA DEVI, AGED ABOUT 60 YEARS

                   4.    T P BOREGOWDA, AGED ABOUT 58 YEARS

                   5.    T P LAKSHMI, AGED ABOUT 56 YEARS

                   6.    T PA NALINI, AGED ABOUT 54 YEARS
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                                            NC: 2023:KHC:30484
                                        RSA No. 1181 of 2021




7.   T P VISHWANATH, AGED ABOUT 52 YEARS

8.   T P SUBBAMMA, AGED ABOUT 50 YEARS

     1ST RESPONDENT IS THE WIFE AND
     RESPONDENTS 2 TO 8 ARE THE CHILDREN OF
     LATE T P PUTTASWAMY
     ALL ARE R/AT NO.42, 1ST MAIN ROAD
     YADAVAGIRI, MYSORE.
                                       ...RESPONDENTS

    THIS RSA IS FILED UNDER SEC. 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 18.02.2020
PASSED IN R.A.NO.218/2019 ON THE FILE OF THE VII
ADDITIONAL DISTRICT JUDGE, MYSURU AND ETC.

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


                          ORDER

This Court vide order dated 11.08.2023 made an

observation that the counsel for the appellant was absent

and this is the matter of the year 2021 and listed for

fourth time for non-compliance of office objections.

However, in the ends of justice, one more opportunity was

given to the counsel for the appellant to comply with the

office objections on cost of Rs.1,000/- and also made it

clear that if office objections are not complied and cost is

not paid, the appeal will be dismissed on the next date of

NC: 2023:KHC:30484 RSA No. 1181 of 2021

hearing. Inspite of the said order, the counsel for the

appellant has not paid the cost and not complied with the

office objections. Today also, the counsel for the appellant

is absent. Hence, in view of the order dated 11.08.2023,

the appeal is dismissed for non-payment of cost and non-

compliance of office objections.

Sd/-

JUDGE

SN