Sri. Honnayya vs Sri. Uggappa Shetty
2023 Latest Caselaw 2688 Kant

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                                                                RFA No. 1896 of 2019




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 29TH DAY OF MAY, 2023

                                                  BEFORE
                      THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY

                          REGULAR FIRST APPEAL NO. 1896 OF 2019 (INJ)
                   BETWEEN:

                       Sri. Honnayya
                       Aged About 40 Years,
                       S/O Gopala Jogi,
                       Door No.5-101,
                       Padushedde Village,
                       Post: Bondel - 575 008
                       Mangaluru, D.K.District.
                                                                            ...Appellant
                   (By Sri. Sangamesh for Sri. Chandranath Ariga K., Advocate)

                   And:

                       Sri Uggappa Shetty
                       Aged about 78 years,
                       S/O. Late. K. Narayana Shetty,
Digitally signed
                       "Aachemane" House,
by BANGALORE           Marakada Village,
MADHAVACHAR
VEENA                  Post: Kumjathbail - 575 015,
Location: High
Court of               Mangaluru, D.K. District.
Karnataka
                                                                           ...Respondent
                   (By Sri. Sachin B S.,Advocate)

                                                    ***

                         This Regular First Appeal is filed under Section 96 of the Code
                   of Civil Procedure, 1908, praying to           call for the records in
                   O.S.No.98/2015 on the file of the III Addl.Senior Civil Judge and
                   JMFC at Mangaluru; set aside the judgment and decree dated
                   24.04.2019 passed by the III Addl.Senior Civil Judge and JMFC at
                   Mangaluru, in O.S.No.98/2015; dismiss the suit in O.S.No.98/2015
                   on the file of the III Addl. Senior Civil Judge and JMFC at Mangaluru;
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                                            RFA No. 1896 of 2019




and allow this appeal and grant such other reliefs as this Court deem
fit to grant in the interest of justice and equity.

       This Regular First Appeal coming on for Orders through
Physical Hearing/Video Conferencing, this day, the Court made the
following:
                             ORDER

Learned counsel for the appellant, who is physically

present in the Court, submits that despite his best efforts

and communication with the appellant, the appellant is not

properly assisting him in complying the office objections,

including the payment of deficit Court fee. With this, he

pleads his helplessness to comply the office objections.

2. A perusal of the order sheet would go to show that

in this appeal of the year 2019, sufficient opportunities

have already been granted to the appellant to comply the

office objections. On 02-07-2021 also, at the request of

the learned counsel for the appellant, two weeks' time was

granted to enable the learned counsel to comply the office

objections. Despite the same, the appellant is not

evincing any interest in complying the office objections, in

which regard, learned counsel for the appellant has

pleaded his helplessness in the matter. As such, I do not

RFA No. 1896 of 2019

find any reason to grant further time in this appeal of the

year 2019.

Hence, the Appeal stands dismissed for

non-compliance of office objections, as well as for

non-prosecution.

That the cost of a sum of `500/- ordered on the date

22-05-2023 since has not been paid, the beneficiary of the

said cost which is the Legal Services Committee of this

Court is entitled to recover the said amount by treating

the order dated 22-05-2023 and today's order as a decree

and as arrears of land revenue, in accordance with law.

Registry to transmit a copy of the order dated

22-05-2023 as well as today's order to the said

beneficiary, i.e. the Legal Services Committee of this

Court, for their needful.

Sd/-

JUDGE BMV*