Sri Nanjappa vs Smt Gowramma
2023 Latest Caselaw 6446 Kant

                                               -1-
                                                         NC: 2023:KHC:32576
                                                       RSA No. 1968 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 11TH DAY OF SEPTEMBER, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1968 OF 2021 (PAR)

                   BETWEEN:

                   1.    SRI NANJAPPA
                         S/O. CHIKKA SIDDAPPA
                         AGED ABOUT 54 YEARS
                         R/AT KALASANAHALLI VILLAGE
                         NITTUR HOBLI, GUBBI TALUK
                         TUMAKURU DISTRICT.
                                                               ...APPELLANT

                            (BY SRI SOMASHEKHARAIAH R.P., ADVOCATE)
                   AND:

                   1.    SMT. GOWRAMMA
                         D/O. LATE SIDDAMMA
                         AGED ABOUT 67 YEARS
Digitally signed         R/O. NALLLUR VILLGE
by SHARANYA T
                         CHELUR HOBLI
Location: HIGH
COURT OF                 GUBBI TALUK.
KARNATAKA
                   2.    SRI BETTAPPA
                         S/O. LATE SIDDAPPAA
                         AGED ABOUT 63 YEARS
                         R/O. CHELLUR
                         GUBBI TALUK.
                   3.    SMT. MANJAMMA
                         W/O. JANGANNATHA
                         D/O. LATE PUTTACHIKKAMMA
                         AGED ABOUT 53 YEARS
                         R/O. NALLUR, CHELUR HOBLI
                         GUBBI TALUK.
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                                             NC: 2023:KHC:32576
                                          RSA No. 1968 of 2021




4.   SRI MALLIKARJUNA
     S/O. BASAVARAJU
     AGED ABOUT 53 YEARS
     R/O. BESIDE VIGNESHWARA TEMPLE
     CHELUR, GUBBI TALUK.
                                                ...RESPONDENTS

      THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 06.02.2021
PASSED IN R.A.NO.50/2019 ON THE FILE OF THE ADDITIONAL
SENIOR CIVIL JUDGE AND JMFC, GUBBI, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 25.02.2019 PASSED IN O.S.NO.264/2012 ON THE FILE
OF THE PRINCIPAL CIVIL JUDGE AND JMFC, GUBBI.


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


                            ORDER

This Court, vide order dated 28.08.2023, though the

learned counsel for the appellant was absent, in the interest of

justice, 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 of dismissal. Inspite of time

being given, learned counsel for the appellant has neither paid

the cost nor complied with the office objections.

NC: 2023:KHC:32576 RSA No. 1968 of 2021

2. Hence, the appeal is dismissed for non-compliance

of office objections and non-payment of cost.

Sd/-

JUDGE

ST