Smt Sarojamma vs Sri C T Shankarlingaiah
2023 Latest Caselaw 7131 Kant

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                                                         NC: 2023:KHC:36520
                                                        RSA No. 304 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 9TH DAY OF OCTOBER, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 304 OF 2022 (PAR)

                   BETWEEN:

                   1.    SMT. SAROJAMMA
                         W/O CHANNAPPA
                         AGED ABOUT 72 YEARS
                         R/T NO.9, BEHIND KEB OFFICE
                         4TH CROSS, YELAHANKA
                         BENGALURU-560 064.
                                                               ...APPELLANT

                              (BY SRI SHIVA KUMAR G.M., ADVOCATE)

                   AND:

                   1.    SRI C.T. SHANKARLINGAIAH
                         S/O LATE K.C. THAMMAIAH
                         AGED ABOUT 79 YEARS
Digitally signed
by SHARANYA T            R/AT H.NO.44, 10TH MAIN
Location: HIGH           4TH BLOCK, NANDINI LAYOUT
COURT OF                 BENGALURU-560 096.
KARNATAKA
                   2.    SRI C.T. PRAKASH
                         S/O LATE K.C. THAMMAIAH
                         AGED ABOUT 73 YEARS
                         KALAMMANGAGUDI STREET
                         CHIKKANAYAKANAHALLI TOWN
                         CHIKKANAYAKANAHALLI TALUK

                   3.    SRI C.T.GANESH
                         S/O LATE K.C. THAMMAIAH
                         AGED ABOUT 69 YEARS
                         R/AT REVANAPPANAMATA
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                                     NC: 2023:KHC:36520
                                    RSA No. 304 of 2022




     CHIKKANAYKANAHALLI TOWN
     CHIKKANAYAKANAHLLI TALUK

4.   SRI C.T. NAGARAJU
     S/O LATE K.C. THAMMAIAH
     AGED ABOUT 77 YEARS
     RETD. ACCOUNTS OFFICER
     BESCOM, R/AT H.NO.28
     SUDHASADHANA C BED
     BANASHANAKRI 2ND STAGE
     BENGALURU560 070.

5.   SRI C.T.MALLESH
     S/O LATE K.C.THAMMAIAH
     AGED ABOUT 75 YEARS
     R/AT H.NO.97, LALITHA SADANA
     AECS LAYOUT, SRINIVASA REDDY
     LAYOUT, BENGALURU.

6.   SMT. C.T. DODDAMMA
     W/O APPAJAPPA
     AGED ABOUT 70 YEARS
     R/AT HALE GUBBI
     KASABA HOBLI
     GUBBI TALUK
     TUMAKURU DISTRICT.

7.   SMT. JAYALAKSHMI
     W/O MURTHY BASAVARAJU
     AGED ABOUT 67 YEARS
     M/S. MANI TRONIX COMPONENTS AGENCY
     NO.5, MANDI VEERAPPA LANE
     SJP ROAD CROSS, BENGALURU

8.   SMT. HEMAVATHI
     W/O R. MAHENDRA
     AGED ABOUT 60 YEARS
     R/AT 284, 8TH MAIN RAOD
     NAGENDRA BLOCK
     BENGALURU-560 050.
                                        ...RESPONDENTS
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                                             NC: 2023:KHC:36520
                                           RSA No. 304 of 2022




     THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 29.01.2019 PASSED IN
R.A.NO.12/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, CHIKKANAYAKANAHALLI, DISMISSING THE APPEAL
AND CONFIRMING THE JUDGMENT AND DECREE DATED
04.10.2017 PASSED IN O.S.NO.308/2013 ON THE FILE OF THE
PRINCIPAL CIVIL JUDGE AND JMFC, CHIKKANAYAKANAHALLI.

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

                            ORDER

This Court vide order dated 21.09.2023, granted two

weeks time to comply with the office objections on cost of

Rs.500/- and also made it clear 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, learned counsel for

the appellant has not complied with the office objections and

also not paid the cost.

Hence, the appeal is dismissed for non-compliance of

office objections and non-payment of cost.

.

Sd/-

JUDGE

ST