Citation : 2023 Latest Caselaw 6471 Kant
Judgement Date : 12 September, 2023
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NC: 2023:KHC:32994
RSA No. 1337 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.1337 OF 2021 (PAR)
BETWEEN:
1. SMT. YASHODAMMA
W/O LATE GOVINAPPA,
AGEDA BOUT 64 YEARS,
2. ARUN KUMAR
S/O LATE GOVINDAPPA,
AGED ABOUT 42 YEARS,
3. G GANGADHAR
S/O LATE GOVINDAPPA,
AGED ABOUT 40 YEARS,
Digitally signed
by SHARANYA T ALL ARE R/AT SUBASH NAGAR,
Location: HIGH ARASIKERE,
COURT OF
KARNATAKA HASSAN DISTRICT,
...APPELLANTS
(BY SRI KARUNAKARA, ADVOCATE)
AND:
1. D VANITHA
D/O LATE THANESHWARA,
AGED ABOUT 29 YEARS,
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NC: 2023:KHC:32994
RSA No. 1337 of 2021
2. SMT. NAGARATHNA
W/O THANESHWARA ,
AGED ABOUT 47 YEARS,
BOTH ARE R/AT MARUTHINAGAR,
ARASIKERE TOWN,
HASSAN DISTRICT.
...RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 22.09.2012
PASSED IN R.A.No.151/2008 ON THE FILE OF THE COURT
OF FTC -II, HASSAN AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This Court vide order dated 29.08.2023 noted that
the counsel for the appellants was absent and also made
an observation that this matter is listed fourth time for
non-compliance of office objections. However, in the
interest of justice, two weeks time was granted on cost of
Rs.500/- payable at Registry and also made it clear that if
cost is not paid and the office objections are not complied
within two weeks, the matter will be dismissed on the next
date of hearing. Inspite of the said order, the counsel for
the appellants is not pursuing the matter diligently and
NC: 2023:KHC:32994 RSA No. 1337 of 2021
hence, it appears that he is not interested in prosecuting
the case. Thus, the appeal is dismissed for non-compliance
of office objections and non-payment of cost.
Sd/-
JUDGE
SN
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