Sri Swamy vs Sri Eranna
2023 Latest Caselaw 1438 Kant

                                              -1-
                                                        RSA No. 1019 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 20TH DAY OF FEBRUARY, 2023

                                           BEFORE

                              THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO.1019 OF 2020 (INJ)

                   BETWEEN:

                   1.   SRI SWAMY,
                        DEAD BY LRS.

                   (a) SMT. PARVATHI,
                       D/O LATE SWAMY,
                       AGED ABOUT 38 YEARS,
                       R/AT YEMMEKOPPALU VILLAGE,
                       BILIKERE HOBLI, HUNSURU TALUK
                       MYSORE DISTRICT - 571 108.

                   (b) SRI GOVINDARAJU,
                       S/O LATE SWAMY,
                       AGED ABOUT 36 YEARS,
                       R/AT MAKANAHALLIPALYA VILLAGE,
                       RAVANDUR HOBLI,
Digitally signed
by SHARANYA T          PERIYAPATNA TALUK,
Location: HIGH         MYSORE DIST - 571 108.
COURT OF
KARNATAKA
                   (c) SMT. CHINNAMMA,
                       D/O LATE SWAMY,
                       AGED 34 YEARS,
                       R/AT CHAPPARADAHALLI VILLAGE,
                       HARANAHALLI HOBLI,
                       PERIYAPATNA TALUK,
                       MYSORE DISTRICT - 571 108.

                   (d) SMT. LAKSHMI,
                       D/O LATE SWAMY,
                       AGED 32 YEARS,
                       R/AT HUMGALLI VILLAGE,
                       H.D.KOTE TALUK,
                       MYSORE DIST - 571 108.
                           -2-
                                   RSA No. 1019 of 2020




(e) SRI SWAMY
    S/O LATE SWAMY,
    AGED 28 YEARS,
    R/AT MAKANAHALLI PALYA VILLAGE,
    RAVANDUR HOBLI,
    PERIYAPATNA TALUK,
    MYSORE DIST - 571 108.

2.   SMT. GOWRAMMA
     W/O SWAMY,
     AGED 56 YEARS,
     R/AT MAKANAHALLI PALYA VILLAGE,
     RAVANDUR HOBLI,
     PERIYAPATNA TALUK
     MYSORE DISTRICT - 571 108.
                                         ...APPELLANTS

         (BY SRI GADILINGAPPA G.M., ADVOCATE)

AND:

SRI ERANNA,
S/O CHANNABOVI,
AGED 65 YEARS,
RESIDENT OF MAKANAHALLI PALYA,
RAVANDUR HOBLI,
PERIYAPATANA TALUK,
MYSORE DIST - 571 108.
                                        ...RESPONDENT

     THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 27.09.2019
PASSED IN RA.No.23/2018 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, PERIYAPATNA, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 27.10.2018 PASSED IN OS.NO.294/2010 ON THE FILE
OF THE CIVIL JUDGE AND JMFC, PERIYAPATNA.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                               -3-
                                        RSA No. 1019 of 2020




                         JUDGMENT

This Court vide order dated 03.02.2023, granted

two weeks time to comply with the office objections on

payment of cost of Rs.1,500/- payable at the Registry,

failing which to list the matter for dismissal.

2. The learned counsel for the appellants submits

that he has paid the cost on 07.02.2023 and he has filed

the acknowledgement in the Registry. But the office

objections are also not complied with till date. Hence,

the appeal is dismissed for non-compliance of office

objections.

Sd/-

JUDGE

MD