Sri Byraiah vs Sri Nirvanaaiah
2023 Latest Caselaw 1815 Kant

                                             -1-
                                                       RSA No. 182 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 13TH DAY OF MARCH, 2023

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO.182 OF 2022 (DEC/INJ)


                   BETWEEN:


                   SRI BYRAIAH
                   S/O LATE DODAIAH
                   AGED ABOUT 55 YEARS
                   R/AT HULIKERE VILLAGE
                   HALEBEEDU HOBLI
                   BELUR TALUK
                   HASSAN DISTRICT573201
Digitally signed
by SHARANYA T
Location: HIGH                                             ...APPELLANT
COURT OF
KARNATAKA          (BY SRI. SATHISHA D J, ADVOCATE [ABSENT])

                   AND:


                   1.    SRI NIRVANAAIAH
                         S/O ERAIAH
                         AGED ABOUT 57 YEARS
                         RA/T SOMANAHALLI VILALGE
                         BIKKOD HOBLI, BELUR TALUK
                         HASSAN DISTRICT - 573201
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                                    RSA No. 182 of 2022




2.   SRI. SIDDAIAH
     S/O ERAIAH
     AGED ABOUT 53 YEARS
     R/AT BIKKOD HOBLI, BELUR TALUK
     HASSAN DISTRICT - 573201

3.   SMT. JAYAMMA
     W/O DODDAIAH
     AGED ABUT 67 YEARS
     R/AT SIDDAPURA VILLAGE
     HALEBEEDU HOBLI
     BELUR TALUK
     HASSAN DISTRICT - 573201

4.   SRI. SHANTHRAJU
     S/O DODDAIAH
     AGED ABOUT 37 YEARS
     R/AT SIDDAPURA VILLAGE
     HALEBEEDU HOBLI, BELUR TALUK
     HASSAN DISTRICT - 573201


                                       ...RESPONDENTS


     THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 10.03.2021
PASSED IN R.A.NO.26/2019 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, BELUR AND ETC.


     THIS R.S.A. COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                                -3-
                                             RSA No. 182 of 2022




                            ORDER

This matter is called twice but there is no

representation on behalf of the appellant.

2. This Court vide order dated 27.02.2023, on the

submission of the counsel for the appellant that he has

paid the cost and also complied with the office objections

except producing of certified copies of the judgment and

decree of the original suit and valuation slip, granted

anther two weeks time for the same on further payment of

cost of Rs.500/-. But till date, cost of Rs.500/- is not paid

as well as the certified copies of the judgment and decree

of the original suit and valuation slip are also not

produced. Hence, the appeal is dismissed for non-

payment of cost as well as non-compliance of office

objections.

Sd/-

JUDGE

SN