Hemalatha vs Ashwath
2023 Latest Caselaw 1658 Kant

                                               -1-
                                                          RSA No. 984 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. 984 OF 2017 (DEC/INJ)

                   BETWEEN:

                   1.    HEMALATHA
                         W/O LATE MANJUNATH
                         AGED ABOUT 52 YEARS,
                         R/O BEHIND IRANI BUNGALOW,
                         GOVERNMENT COLLEGE ROAD,
                         HASSAN-573 201
                                                                ...APPELLANT

                              (BY SRI. VEDHU KUMAR Y.S., ADVOCATE)
                   AND:

                   1.    ASHWATH
                         S/O K.A.DEVARAJEGOWDA,
                         AGED ABOUT 61 YEARS,
                         R/O. 3RD CROSS, 7TH MAIN,
Digitally signed
by SHARANYA T            HEMAVATHI NAGAR EXTENSION,
Location: HIGH           HASSAN-573 201
COURT OF                                                       ...RESPONDENT
KARNATAKA

                          THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
                   THE JUDGMENT AND DECREE DATED 08.11.2016 PASSED IN
                   RA NO.14/2015 ON THE FILE OF THE ADDITIONAL SENIOR
                   CIVIL JUDGE AND JMFC., HASSAN, DISMISSING THE APPEAL
                   AND    CONFIRMING   THE   JUDGMENT    AND   DECREE   DATED
                   06.01.2015 PASSED IN OS NO.201/2004 ON THE FILE OF THE
                   PRL. CIVIL JUDGE AND JMFC., HASSAN.
                                    -2-
                                                 RSA No. 984 of 2017




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


                                 ORDER

When the matter was listed before the Court on

10.01.2020, two weeks time was granted for filing of proof for

death of defendant No.2, the same was not produced before

the Court. Again, the matter was listed before the Court on

16.06.2022, on that day, two weeks time was granted to do the

needful. Till today, appellant's Counsel has not filed the proof

for death of defendant No.2.

2. Today also, there is no representation on behalf of

the appellant. It shows the learned counsel for the appellant is

not pursuing the matter diligently though the appeal was filed

in the year 2017. In spite of the appeal was posted for

compliance of office objections before the Registrar (Judicial)

and also before the Court on 12.02.2018, 19.06.2018,

08.02.2019, 11.09.2019, 10.01.2020 and 16.06.2022, the

same was not done. Hence, no grounds to grant further time.

RSA No. 984 of 2017

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

of office objections.

Sd/-

JUDGE

CP