Sri M Venkateshappa vs Sri Munithootlappa
2023 Latest Caselaw 6028 Kant

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                                                         NC: 2023:KHC:30723
                                                       RSA No. 1290 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 29TH DAY OF AUGUST, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1290 OF 2021 (PAR)

                   BETWEEN:

                   1.    SRI M. VENKATESHAPPA
                         S/O. MUNISHAMAPPA
                         AGED ABOUT 52 YEARS
                         R/AT BALENAHALLI VILLAGE
                         SULIBELE HOBLI,
                         HOSAKOTE TALUK
                         BANGALORE RURAL DISTRICT.
                                                           ...APPELLANT

                                 (BY SRI MURTHY K., ADVOCATE)
                   AND:

                         SRI MUNITHOOTLAPPA
                         SINCE DEAD BY HIS LRS
Digitally signed
by SHARANYA T      1.    SRI H.M. BEERAPPA
Location: HIGH           S/O. LATE MUNITHOTLAPPA
COURT OF                 AGED ABOUT 53 YEARS
KARNATAKA
                         R/AT HOSAPETE VILLAGE
                         JANAGAMAKOTE HOBLI
                         SIDLAGHATTA TALUK
                         CHIKKABALLAPUR DISTRICT.

                   2.    SRI THOTLAPPA
                         AGED ABOUT 65 YEARS
                         S/O. RAMANNA
                         R/AT ATTIBELE VILLAGE
                         SULIBELE HOBLI
                         HOSAKOTE TALUK
                         BANGALORE RURAL DISTRICT.
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                                       NC: 2023:KHC:30723
                                     RSA No. 1290 of 2021




     SRI CHANNAVEERADEVARAPPA
     SINCE DEAD BY HIS LRS

3.   SHIVANANDA
     MAJOR,

4.   SHIVAKUMAR
     MAJOR,

5.   SHIVASHANKAR
     MAJOR,

6.   UDAYASHANKAR
     MAJOR,

7.   PRAKASH
     MAJOR,

8.   PURRABASAVAMMA
     MAJOR,

     RESPONDENTS NO.3 TO 7 ARE THE
     CHILDREN AND 8 IS THE WIFE OF
     CHANNAVEERADEVARAPPA

     ALL ARE R/AT SIDDAWARA NILAYA
     NO.12/1, 4TH CROSS, 5TH MAIN,
     CHAMARAJPET, BANGALORE-560 018.
9.   SRI GUDIYAPPA
     MAJOR,
     R/AT HOSAPETE VILLAGE
     JANGAMAKOTE HOBLI
     SIDLAGHATTA TALUK,
     CHIKKABALLAPURA.
10. SMT. JAYAMMA
    W/O. MUNIYAPPA
    AGED ABOUT 53 YEARS
    R/AT SUBBRAYANAPETE VILLAGE
    KAIWARA HOBLI
    CHINTAMANI TALUK.
                                         ...RESPONDENTS
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                                             NC: 2023:KHC:30723
                                           RSA No. 1290 of 2021




     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 29.01.2020
PASSED IN R.A.3/2015 ON THE FILE OF THE II ADDITIONAL
DISTRICT   AND    SESSIONS JUDGE, CHIKKABALLAPURA,
SITTING AT CHINTAMANI,     DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 29.11.2014
PASSED ON I.A.NO.3 IN FDP 3/1997 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, SIDLAGHATTA, ALLOWING
THE I.A.NO.3 FILED U/S 54, ORDER 20, RULE 18 R/W. SEC.
151 OF CPC AND ALSO DISMISSED THE PETITION.

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

Learned counsel for the appellant though sought a week's

time for compliance of office objections on 21.08.2023, till

date, he has not complied with the same and also not paid the

cost. The order dated 21.08.2023 is clear that, if the cost is

not paid and the office objections are not complied, list the

matter for dismissal. Inspite of the same, learned counsel for

the appellant has not complied with the office objections and

also not paid the cost.

Hence, the appeal is dismissed for non-payment of cost

and non-compliance of office objections.

Sd/-

JUDGE ST