Smt Geethamani vs Smt Shylaja Sanjay
2023 Latest Caselaw 1395 Kant

                                               -1-
                                                            RSA No. 455 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 17TH DAY OF FEBRUARY, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 455 OF 2020 (RES)

                   BETWEEN:

                   1.    SMT. GEETHAMANI
                         W/O LATE SRI BASAPPA,
                         AGED ABOUT 56 YEARS,
                         R/O BYPASS ROAD,
                         SHANIVARASANTHE TOWN,
                         SOMAWARAPETE TALUK,
                         KODAGU DISTRICT-571 235

                   2.    SMT.B.B. ROOPA S/O SRI S.G. MAHESH,
                         AGED ABOUT 39 YEARS,
                         R/O SHANTHINAGARA,
                         SAKALESHPUR TALUK,
                         HASSAN DISTRICT-573 201

                   3.    S.B.YOGESH S/O LATE SRI BASAPPA,
Digitally signed
by SHARANYA T            AGED ABOUT 37 YEARS,
Location: HIGH           R/O BYPASS ROAD,
COURT OF
KARNATAKA                SHANIVARASANTHE TOWN,
                         SOMAWARAPETE TALUK,
                         KODAGU DISTRICT-571 235

                   4.    S.B.PARAMESH S/O LATE SRI BASAPPA,
                         AGED ABOUT 34 YEARS,
                         R/O BYPASS ROAD,
                         SHANIVARASANTHE TOWN,
                         SOMAWARAPETE TALUK,
                         KODAGU DISTRICT-571 235
                                                               ...APPELLANTS

                              (BY SRI. ADINARAYANAPPA., ADVOCATE)
                             -2-
                                   RSA No. 455 of 2020




AND:

1.   SMT. SHYLAJA SANJAY
     W/O LATE SRI D. SANJAY,
     AGED ABOUT 44 YEARS,
     R/AT NO 195, III STAGE,
     KUVEMPUNAGAR,
     KHD-M BLOCK,
     MYSORE-570 023

2.   SRI D. ARAVINDA @ RAVI
     S/O LATE SRI B.R. DEVARAJU,
     AGED ABOUT 48 YEARS,
     R/AT MAIN ROAD,
     OPP: SRI RAMA MANDIR,
     SHANIVARASANTHE TOWN,
     SOMAWARAPETE TALUK,
     KODAGU DISTRICT-571 235

3.   SRI. SRINIVASA
     S/O RAMA SHETTY,
     AGED ABOUT 41 YEARS,
     ASHIRVAD MEDICALS,
     SHANIVARASANTHE TOWN,
     SOMAWARAPETE TALUK,
     KODAGU DISTRICT-571 235
                                       ...RESPONDENTS

     THIS RSA IS FILED UNDER SECTION 100 OF CPC AND
ORDER XLII RULE 1 R/W ORDER XLI RULE 1 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 05.07.2019 PASSED IN
RA.NO.49/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE,
SOMWARPETE DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED 26.09.2018 PASSED IN
OS.NO.19/2012 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE
AND JMFC., SOMWARPETE.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                   -3-
                                             RSA No. 455 of 2020




                             JUDGMENT

The learned counsel for the appellants is absent.

This appeal was filed in the year 2019. This Court vide

order dated 02.02.2023, granted two weeks time to comply

with the office objections on payment of cost of Rs.1,000/-

payable at Registry, failing which, list the matter for dismissal.

Inspite of the same, till date the office objections are not

complied with.

Hence, in view of the peremptory order dated

02.02.2023, the appeal is dismissed for non-compliance of

office objections and non-payment of cost.

Sd/-

JUDGE

CP