Sri D N Manjunath vs Smt Nagamma
2023 Latest Caselaw 1439 Kant

                                                   -1-
                                                             RSA No. 985 of 2019




                           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.985 OF 2019 (PAR)

                      BETWEEN:

                      SRI D.N. MANJUNATH,
                      S/O NAGAPPA,
                      AGED ABOUT 67 YEARS,
                      RETIRED V.I.S.L. EMPLOYEE,
                      R/O HUTTA COLONY,
                      BHADRAVATHI.
                      AND ALSO RESIDING IN
                      SHETTIHALLI VILLAGE,
                      SHIVAMOGGA TALUK.
                                                                      ...APPELLANT

                                   (BY SRI DHANARAJ H.S., ADVOCATE)

                      AND:

                      1.   SMT. NAGAMMA,
Digitally signed by
SHARANYA T                 W/O LATE NAGAPPA,
Location: HIGH             AGED ABOUT 87 YEARS,
COURT OF
KARNATAKA                  R/A KATIKERE VILLAGE,
                           HOLALUR HOBLI,
                           SHETTIHALLI POST,
                           SHIVAMOGGA TALUK.

                      2.   SRI D.N. GUNDAPPA,
                           S/O LATE NAGAPPA,
                           AGED ABOUT 58 YEARS,
                           R/O KATIKERE VILLAGE,
                           HOLALUR HOBLI,
                           SHETTYHALLI POST,
                           SHIVAMOGGA TALUK.

                      3.   SRI S.N. MALLESHAPPA,
                           S/O LATE NAGAPPA,
                                -2-
                                            RSA No. 985 of 2019




    AGED ABOUT 55 YEARS,
    R/O KATIKERE VILLAGE,
    HOLALUR HOBLI,
    SHETTYHALLI POST,
    SHIVAMOGGA TALUK.
                                                ...RESPONDENTS

     THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC, 1908
AGAINST THE JUDGMENT AND DECREE DATED 02.02.2019
PASSED IN RA NO.58/2015 ON THE FILE OF THE III
ADDL.DISTRICT JUDGE SHIVAMOGGA DISMISSING THE APPEAL
AND CONFIRMING THE JUDGMENT AND DECREE DATED
18.11.2015 PASSED IN O.S.NO.8/2012 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE AT SHIVAMOGGA.

    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 and this Court vide order

dated 03.02.2023, granted two weeks time to comply with the

office objections on payment of cost of Rs.2,000/- payable at

the Registry, failing which to list the matter for dismissal. The

learned counsel for the appellant has paid the cost, but has

not complied with the office objections. Hence, the appeal is

dismissed for non-compliance of office objections.

Sd/-

JUDGE

MD