Smt. Jayamma vs Parthasarathi
2023 Latest Caselaw 2093 Kant

                                              -1-
                                                          RSA No. 1270 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 30TH DAY OF MARCH, 2023

                                            BEFORE
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                        REGULAR SECOND APPEAL NO. 1270 OF 2019 (PAR)
                   BETWEEN:

                   1.    SMT. JAYAMMA
                         W/O. LATE. B K NARASIMHEGOWDA,
                         AGED ABOUT 63 YEARS

                   2.    SMT. B.N. BHANUMANI
                         W/O. LATE. B K NARASIMHEGOWDA,
                         AGED ABOUT 36 YEARS
                         BOTH APPELLANT NOS.1 AND 2 ARE
                         RESIDING AT NO. 183/A,
                         GOWRISHANKARANAGAR,
                         MYSURU-NILAGIRI ROAD,
                         MYSURU-570 025.
                                                                  ...APPELLANTS

                                 (BY SRI. SACHIN R.R, ADVOCATE)

Digitally signed   AND:
by SHARANYA T
Location: HIGH
COURT OF           1.    PARTHASARATHI
KARNATAKA                S/O. LATE B.K. NARASIMHEGOWDA,
                         AGED ABOUT 55 YEARS
                         R/AT NO.183,
                         GOWRISHANKARNAGAR,
                         MYSURU NILAGIRI ROAD,
                         MYSURU-570 025.

                   2.    B.N. NAGENDRA KUMAR
                         S/O. LATE B.K. NARASIMHEGOWDA,
                         AGED ABOUT 39 YEARS
                         R/AT NO.183( PORTION ),
                         GOWRISHANKARNAGAR,
                                -2-
                                             RSA No. 1270 of 2019




     MYSURU-NILAGIRI ROAD,
     MYSURU-570 025.

3.   SMT. BORAMMA
     W/O. LATE B.K. NAGEGOWDA,
     AGED ABOUT 74 YEARS
     R/AT BELLALE
     MANAKANALLI POST
     MELKOTE HOBLI,
     PANDAVAPURA TALUK,
     MANDYA-571 434.

4.   B.N. GAYATHRI
     D/O. LATE B.K. NARASIMHEGOWDA,
     AGED ABOUT 41 YEARS
     R/AT NO. 183/A,
     GOWRISHANKARANAGAR,
     MYSURU-NILAGIRI ROAD,
     MYSURU-570 025.
                                                  ...RESPONDENTS

      THIS R.S.A. IS FILED UNDER SECTION 100 R/W. ORDER
XLII, RULE 1 OF THE CODE OF CIVIL PROCEDURE PRAYING
THIS COURT TO SET ASIDE THE JUDGMENT AND DECREE
DATED 16.12.2009 PASSED IN R.A.NOS.4 AND 25/2009 ON
THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS
JUDGE AT MYSURU, SETTING ASIDE THE JUDGMENT AND
DECREE DATED 06.11.2008 PASSED IN O.S.NO.6/2003 ON THE
FILE OF THE PRINCIPAL SMALL CAUSE AND SENIOR CIVIL
JUDGE AT MYSURU.

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

                             ORDER

This Court vide order dated 16.03.2023, having

considered the fact that learned counsel for the appellants has

complied with some of the office objections i.e., four office

RSA No. 1270 of 2019

objections, out of 15 office objections, granted two weeks time

to comply with the remaining eleven office objections on cost of

Rs.500/- and also made clear it that, if the cost is not paid and

the office objections are not complied within two weeks, list the

matter for dismissal. Inspite of the same, the cost is not paid

and the office objections are also not complied with. Hence, no

grounds are made out to adjourn the matter again and grant

time to comply with the office objections.

Accordingly, the appeal is dismissed for non-compliance

of office objections and non-payment of cost.

Sd/-

JUDGE

ST