Mahesh vs Kempanna
2023 Latest Caselaw 2081 Kant

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                                                     RSA No. 2256 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.2256 OF 2017 (PAR)

                   BETWEEN:

                   MAHESH
                   S/O KEMPANNA
                   R/O THANDAVAPURA VILLAGE
                   CHIKKAIAHNACHATRA HOBLI
                   NANJANGUD TALUK-513201
                                                            ...APPELLANT

                   (BY SRI SUMANTH L BHARADWAJ, ADVOCATE [ABSENT])

                   AND:

Digitally signed   1.    KEMPANNA
by SHARANYA T
Location: HIGH           S/O BASAPPA
COURT OF
KARNATAKA                AGED ABOUT 57 YEARS

                   2.    MANJU
                         S/O KEMPANNA
                         AGED ABOUT 30 YEARS

                   3.    NANJUNDA SWAMY
                         S/O LATE MARIGOWDA
                         AGED ABOUT 50 YEARS
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                                      RSA No. 2256 of 2017




4.   BASAVARAJU
     S/O LATE MARIGOWDA
     AGED ABOUT 48 YEARS

     ALL ARE R/AT THANDAVAPURA VILLAGE
     CHIKKAIAHNACHATRA HOBLI
     NANJANGUD TALUK-513201


                                          ...RESPONDENTS

     THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 21.04.2017
PASSED IN R.A.NO.744/2014 ON THE FILE OF THE VII
ADDITIONAL DISTRICT JUDGE, MYSURU AND ETC.


     THIS R.S.A. COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                       ORDER

This appeal is of the year 2017. When the matter

was listed before the Registrar (Judicial), counsel for the

appellant was absent, hence, time of one week 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, the matter will be

posted before the Court. Accordingly, the matter was

posted before the Court on 09.01.2019 and the Court

RSA No. 2256 of 2017

granted two weeks' time to do the needful and also made

it clear that if office objections are not complied within the

time, the matter will be posted for further orders.

2. On 22.08.2019, the counsel for the appellant

again sought three weeks' time to comply with the office

objections, accordingly time was granted and this Court

made it clear that if office objections are not complied with

within the stipulated time, the appeal will be dismissed.

On 24.09.2019, counsel for the appellant submits that all

the office objections are complied with except the office

objection as regards production of genealogical tree and

the counsel for the appellant submits that he is waiting for

the instructions in this regard and this Court directed the

office to verify the compliance with the office objections

and another two weeks time was granted to comply with

the office objections as regards genealogical tree.

3. On 15.03.2023, this Court again granted two

weeks time for the said purpose on cost of Rs.1,500/- and

also made it clear that if genealogical tree is not produced

RSA No. 2256 of 2017

till the next date of hearing, the appeal will be listed for

dismissal. Inspite of sufficient time was granted to file the

genealogical tree, till the date not yet produced. Hence, in

view of the peremptory order dated 15.03.2023, the

appeal is dismissed for non-payment of cost and non-

compliance of office objections.

Sd/-

JUDGE

SN