Citation : 2023 Latest Caselaw 2080 Kant
Judgement Date : 29 March, 2023
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RSA No. 2607 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.2607 OF 2017 (PAR)
BETWEEN:
ESHWARAPPA
S/O LATE KANUMAIAH
AGED ABOUT 67 YEARS
R/A OBANAHALLI VILLAGE
C.N.DURGA HOBLI
KORATAGERE TALUK
TUMKUR DISTRICT-572129
...APPELLANT
Digitally signed
by SHARANYA T (BY SRI KAMARAJU, ADVOCATE [ABSENT])
Location: HIGH
COURT OF
KARNATAKA
AND:
1. AKKARANGAMMA
W/O GIRIYAPPA
AGED ABOUT 54 YEARS
R/A CHIKKARASANAHALLI VILLAGE
C.N.DURGA HOBLI
KORATAGERE TALUK
TUMKUR DISTRICT-572129
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RSA No. 2607 of 2017
2. NAGAMMA
W/O VEERAKYATHAIAH
AGED ABOUT 49 YEARS
R/A CHANNARAMANA PALYA
DODDERI HOBLI
MADHUGIRI TALUK
TUMKUR DISTRICT-572131
3. LAKSHMIPATHI
S/O DASAPPA
AGED AOBOUT 52 YEARS
R/A GOOBALAGUTTE VILLAGE
DODDERI HOBLI
MADHUGIRI TALUK
TUMKUR DISTRICT-572131
4. RANGANATHA
S/O DASAPPA
AGED ABOUT 43 YEARS
R/A GOOBALAGUTTE VILLAGE
DODDERI HOBLI
MADHUGIRI TALUK
TUMKUR DISTRICT-572131
...RESPONDENTS
(BY SRI KASHYAP N NAIK, ADVOCATE FOR C/R1 & R2)
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 12.08.2017
PASSED IN R.A.NO.5004/2014 ON THE FILE OF THE IV
ADDITIONAL DISTRICT AND SESSIONS JUDGE,
MADHUGIRI AND ETC.
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RSA No. 2607 of 2017
THIS R.S.A. COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
ORDER
This appeal is filed in the year 2017. When the
matter was listed before the Registrar (Judicial), the
counsel for the appellant was absent however, one week
time was granted to comply with the office objections and
also made it clear that in the event of non-compliance of
office objections within one week from today, post the
case before the Court.
2. On 17.01.2019, the matter was listed before
the Court for the same stage hence, finally, two weeks
time was granted for compliance of office objections and
also made it clear that if office objections are not removed
within two weeks from today, the matter will be listed
before the Court for further orders. On 10.01.2020, again
a week's time was granted to do the needful.
RSA No. 2607 of 2017
3. On 15.03.2023, again two weeks' time was
granted to do the needful on cost of Rs.1,000/- and also
made it clear that if office objections are not complied
within the time, the appeal will be listed for dismissal.
And insptie of the said peremptory order, till date, office
objections are not complied with. Accordingly, the appeal
is dismissed for non-payment of cost and non-compliance
of office objections.
Sd/-
JUDGE
SN
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