Sri B Gangadhar vs Smt Saraswathamma
2023 Latest Caselaw 1653 Kant

                                               -1-
                                                          RSA No. 968 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 1ST DAY OF MARCH, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                    REGULAR SECOND APPEAL NO. 968 OF 2017 (DEC/INJ)

                   BETWEEN:

                   1.    SRI B. GANGADHAR
                         S/O LATE M.N. BASAVARAJU
                         AGED ABOUT 56 YEARS
                         RESIDING AT NO.71
                         4TH MAIN ROAD
                         KALYANA NAGAR
                         NAGARABHAVI
                         MOODALAPALYA
                         BENGALURU -560 072.

                   2.    SRI M.B. UDAY KUMAR
                         S/O LATE M.N. BASAVARAJU
                         AGED ABOUT 42 YEARS
                         R/AT SHOP No.6
                         ARUNACHALAM COMPLEX
Digitally signed
by SHARANYA T            CHIKKASANDRA, NEAR BUS STAND
Location: HIGH           HESARAGHATTA ROAD
COURT OF                 BENGALURU-560 090.
KARNATAKA
                                                             ...APPELLANTS

                                (BY SRI. JAYARAJ D.S ., ADVOCATE)
                   AND:

                   1.    SMT. SARASWATHAMMA
                         W/O. LATE MUNIKRISHNAPPA
                         AGED ABOUT 52 YEARS

                   2.    SMT. AMARAVATHAMMA
                         W/O MURTHY
                         AGED ABOUT 57 YEARS
                                 -2-
                                               RSA No. 968 of 2017




    BOTH ARE RESIDING AT
    NAGAMANGALA VILLAGE
    KUNDANA HOBLI
    DEVANAHALLI TALUK
    BENGALURU RURAL DISTRICT-560 110.
                                                  ...RESPONDENTS

     THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
AGAINST       THE   JUDGMENT    &     DECREE   DATED   28.11.2016
PASSED IN R.A.NO.41/2015 ON THE FILE OF THE PRL.
DISTRICT      JUDGE,   CHIKKABALLAPUR,         DISMISSING     THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 26.06.2015 PASSED IN O.S.NO.293/2017 ON THE FILE
OF THE PRL. SENIOR CIVIL JUDGE AND CJM, CHICKBALLAPUR.


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


                               ORDER

This matter is listed fifth time for non compliance of office

objections.

2. This appeal was filed in the year 2017. The matter

was posted before the Registrar (Judicial) on 01.08.2017. On

that day, at the request of learned advocate for the appellants,

one week time was granted for compliance of office objections

and also it is made clear that in the event of non-compliance of

RSA No. 968 of 2017

office objections within one week, the matter will be posted

before the Court.

3. Accordingly the matter was posted before the Court

on 12.02.2018, on that day, finally three weeks time was

granted to remove the office objections, and the same was not

done. Again the matter was listed before the Court on

28.06.2018, on that day, two weeks time was granted to

comply with the office objections. Again the office objections

were not complied. The matter was listed before the Court on

01.08.2019, on that day, this Court granted three weeks time

to comply with the office objections and also it is made clear

that if the office objections are not complied with, within such

period, the appeal shall be listed for dismissal. Accordingly, the

matter was posted before the Court on 23.09.2019. On that

day, on payment of cost of Rs.1,000/- two weeks time was

granted for compliance of office objections. In spite of this

order, the office objections are not complied. When the matter

was posted on 27.02.2020, learned counsel for the appellant

made the submission that he has paid the costs of Rs.1,000/-

as per the order dated 23.09.2019. On that day, this Court

granted ten days' time to comply with the office objections,

RSA No. 968 of 2017

failing which, the appeal shall stand dismissed. But the office

objections are not complied with. Once again the matter was

listed before the Court on 15.02.2021, on that day, the learned

counsel submits that he has complied with the condition of

payment of costs and memo was filed to that effect and the

same was taken on record and office objections are not

complied with. Once again posted the matter before this Court

on 16.03.2021, on that day, two weeks time was granted to

comply with the office objections, failing which, the appeal

stands dismissed. The matter was listed before the Court on

14.06.2022. Once again two days time was granted to comply

with the office objections and ordered to list the matter for

further orders on 20.06.2022. On that day, again two weeks

time was granted to comply with the office objections.

4. Almost nine times, the matter was posted before

the Court for non compliance of office objections and twice the

matter stands dismissed as per the orders. Hence, I do not find

any reasons to grant time once again for compliance of office

objections.

RSA No. 968 of 2017

5. Hence, the appeal is dismissed for non-compliance

of office objections for a period of more than five years.

Sd/-

JUDGE

CP