Sathya Alias Kalyani vs Anantha Nayak
2023 Latest Caselaw 1929 Kant

                                               -1-
                                                         RSA No. 1045 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 17TH DAY OF MARCH, 2023

                                             BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1045 OF 2019 (PAR)

                   BETWEEN:

                   1.    SATHYA ALIAS KALYANI
                         W/O. LATE ANANTHARAMA NAYAK
                         AGED ABOUT 83 YEARS
                         R/AT KANARADI HOUSE
                         MARANE POST, MANIPURA VILLAGE
                         UDUPI DISTRICT.

                   2.    KALYANI ALIAS SHANTHA NAYAK
                         W/O. GANESH NAYAK
                         AGED ABOUT 77 YEARS
                         R/AT PATLA HOSUE
                         POST KUNJIBETTU
                         UDUPI DISTRICT.

                   3.    GIRIJA ALIAS RAJEEVI NAYAK
Digitally signed
by SHARANYA T            W/O. ACHUTHA V NAYAK
Location: HIGH           AGED ABOUT 70 YEARS
COURT OF                 R/AT MOODUSAGRI HOUSE
KARNATAKA
                         POST KUNJIBETTU
                         UDUPI TALUK AND DISTRICT.

                   4.    GANGA ALIAS SHANTHA KAMATH
                         W/O. VITTAL KAMATH
                         R/AT KEMMANNU BAILU HOUSE
                         PATLA POST, PARKALA
                         HIREBETTU VILLAGE
                         UDUPI TALUK AND DISTRICT.
                                                             ...APPELLANTS
                              (BY SRI. SHANKARANARAYANA BHAT B &
                                   SRI S.N. BHAT., ADVOCATES)
                           -2-
                                     RSA No. 1045 of 2019




AND:

1.   ANANTHA NAYAK
     AGED ABOUT 75 YEARS
     S/O. LATE SRINIVASA NAYAK
     R/AT D.NO.4-35, NOLE HOUSE
     POST KUNJIBETTU
     UDUPI TALUK AND DISTRICT.

     GUDU ALIAS NAGAMMA (SINCE DEAD)

2.   LEELAVATHI NAYAK
     W/O. ANANTHARAMA NAYAK
     AJITHA NILAYA, NOLE
     DARKSTH HOUSE
     KUNJIBETTU POST
     UDUPI TALUK AND DISTRICT.

3.   NETHRAVATHI ALIAS PREMA NAYAK
     W/O. LATE MAHADEVA NAYAK
     AGED ABOUT 75 YEARS
     R/AT SARALEBETTU HOUSE
     POST MANIPAL, HERGA VILLAGE
     UDUPI TALUK AND DISTRICT.

4.   UPENDRA S. NAYAK
     S/O. LATE. SRINIVASA NAYAK
     AGED ABOUT 64 YEARS
     R/AT NO.311(2) ANNAGHAR CO-OP. SOCIETY,
     SAIWADI, TELIGALLI
     ANDHERI (E), MUMBAI-69
                                        ...RESPONDENTS

      THIS RSA IS FILED UNDER SEC.100 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 03.07.2018 PASSED IN
RA NO.23/2013 ON THE FILE OF THE PRINCIPAL DISTRICT
JUDGE, UDUPI ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGMENT AND DECREE DATED 23.02.2013 PASSED IN
OS NO.14/2009 ON THE FILE OF THE ADDITIONAL SENIOR
CIVIL JUDGE AND A.C.J.M., UDUPI.
                                 -3-
                                            RSA No. 1045 of 2019




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

                              ORDER

The learned counsel for the appellants is absent.

2. This appeal is filed in the year 2019. The matter is

listed third time before the Court for non compliance of office

objections.

3. This Court vide order dated 03.03.2023, granted

two weeks time on payment of cost of Rs.1,000/- payable at

Registry, failing which, the matter will be listed for dismissal on

17.03.2023.

4. Inspite of the same, cost is not paid and also the

office objections are not complied with.

5. In view of the peremptory order dated 03.03.2023,

the appeal is dismissed for non-compliance of office objections

and non-payment of cost.

Sd/-

JUDGE

CP