Smt Shivalingamma vs Superintendent Engineer
2023 Latest Caselaw 5023 Kant

                                            -1-
                                                  NC: 2023:KHC:26367
                                                    RFA No. 1179 of 2021




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 28TH DAY OF JULY, 2023
                                         BEFORE
                     THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                      REGULAR FIRST APPEAL NO. 1179 OF 2021 (RES)
                BETWEEN:
                1. SMT SHIVALINGAMMA
                   W/O LATE RANGANATH @ RANGANATHAPPA
                   AGED ABOUT 25 YEARS

                2.    DIVYA
                      D/O LATE RANGANATHA
                      AGED ABOUT 5 YEARS

                3.    SHIVAMMA
                      W/O RANGAPPA
                      AGED ABOUT 48 YEARS

                4.    RANGAPPA
                      S/O LATE GUDDARANGAPPA
                      AGED ABOUT 54 YEARS

Digitally
signed by             PLAINTIFFS NO.2 ARE REPRESENTED BY
VEENA
KUMARI B              MINOR GUARDIAN 1ST PLAINTIFF
Location:
High Court of
Karnataka
                      ALL ARE R/AT
                      SAJJEHOSAHALLI VILLAGE
                      DODDERI HOBLI
                      MADHUGIRI TALUK
                      TUMKURU DISTRICT 572 101

                                                           ...APPELLANTS
                (BY SRI. GIRISH B BALADARE.,ADVOCATE)
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                                      NC: 2023:KHC:26367
                                           RFA No. 1179 of 2021




AND:
SUPERINTENDENT ENGINEER
BESCOM O AND M CIRCLE
OLD KOTHITHOPU ROAD
TUMAKURU 572 101
                                                   ...RESPONDENT
     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED
17.10.2017 PASSED IN O.S.NO.18/2017         ON THE FILE OF THE
PRINCIPAL   SENIOR    CIVIL   JUDGE   AND        CJM,    TUMAKURU,
DECREEING THE SUIT FOR DAMAGES


     THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS
DAY, THE COURT MADE THE FOLLOWING:
                          ORDER

Learned counsel for the appellants is neither present

physically nor through video conference.

2. A perusal of the order sheet would go to show

that the office objections which are due for compliance

includes very simple office objections like, filling up of

blanks in the valuation para, mentioning the details of

representation of appellant no.1 in the vakalath,

NC: 2023:KHC:26367 RFA No. 1179 of 2021

mentioning of number of delayed days in the I.A. for

condonation of delay etc.

3. A perusal of the order sheet would further go to

show that several and sufficient opportunities of not less

than five times have already been granted to the

appellants in this appeal of the year 2021. In spite of the

same, appellants have neither complied the office

objections nor appeared either physically or through video

conference. No reasons are forthcoming for his

nonappearance or for noncompliance of office objections.

Hence, the appeal stands dismissed for non-

prosecution, as well for noncompliance of office objections.

Sd/-

JUDGE

BVK