Hemappa vs B Basavarajappa
2023 Latest Caselaw 1397 Kant

                                                -1-
                                                       RSA No. 1042 of 2019




                        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. 1042 OF 2019 (DEC)

                   BETWEEN:

                   1.    HEMAPPA
                         S/O LATE OBAPPA
                         AGED ABOUT 60 YEARS
                         AGRICULTURIST

                   2.    B. RAJAPPA
                         S/O BOMMALINGAPPA
                         AGED ABOUT 50 YEARS
                         AGRICULTURIST

                         BOTH ARE R/O. ANNAPURA VILLAGE
                         DAVANAGERE TALUK & DISTRICT-577 006
                                                            ...APPELLANTS

                              (BY SRI. REVANNA BELLARY, ADVOCATE)
Digitally signed
by SHARANYA T      AND:
Location: HIGH
COURT OF           1.     B.BASAVARAJAPPA
KARNATAKA
                          S/O BADAGI BANJAPPA
                          DEAD BY LRS.,

                   1(a) PALAMMA
                        W/O B.BASAVARAJAPPA
                        AGED ABOUT 70 YEARS
                        HOUSEWIFE
                        AGRICULTURIST

                   2(b) PALAPPA
                        S/O B.BASAVARAJAPPA
                        AGED ABOUT 50 YEARS
                            -2-
                                    RSA No. 1042 of 2019




     AGRICULTURIST

1(c) BADAGI PRAKASH
     S/O B.BASAVARAJAPPA
     AGED ABOUT 48 YEARS
     AGRICULTURIST

1(d) REVANASIDDAPPA
     S/O B.BASAVARAJAPPA
     AGED ABOUT 46 YEARS
     AGRICULTURIST

     R1 (a to d) ARE
     R/O ANNAPURA VILLAGE
     DAVANAGERE TALUK & DISTRICT - 577 006

2.   RATNAMMA
     D/O B.BASAVARAJAPPA
     W/O THIPPESHAPPA
     AGED ABOUT 40 YEARS
     AGRICULTURIST
     SANGENAHALLI, JAGALUR TALUK
     DAVANAGERE DISTRICT- 577 006

3.   JAYAMMA
     D/O B.BASAVARAJAPPA
     W/O MAHANTESHA
     AGED ABOUT 36 YEARS
     AGRICULTURIST
     AIKAL, CHITRADURGA TALUK &
     DISTRICT -577 501

4.   BASAVARAJAPPA
     S/O NARAYANAPPA
     AGED ABOUT 35 YEARS
     AGRICULTURIST

5.   SMT. ERAMMA
     W/O MAILAPPA
     AGED ABOUT 29 YEARS
     AGRICULTURIST
                                -3-
                                          RSA No. 1042 of 2019




      RESPONDENTS NO.4 AND 5 ARE
      R/O ISAMUDRA HOSAHATTI
      BHARAMASAGARA HOBLI
      CHITRADURGA TALUK & DISTRICT-577 501.
                                        ...RESPONDENTS

      THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 01.04.2019 PASSED IN
R.A.NO.50/2018 ON THE FILE OF THE III ADDITIONAL SENIOR
CIVIL JUDGE AND DAVANAGERE, DISMISSING THE APPEAL
AND   CONFIRMING      THE    JUDGMENT    AND    DECREE    DATED
05.04.2016 PASSED IN OS.NO.399/2013 ON THE FILE OF THE
ADDITIONAL CIVIL JUDGE, DAVANAGERE.


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

                            JUDGMENT

The learned counsel for the appellant 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.

RSA No. 1042 of 2019

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