B C Kumar vs Nandish S M
2023 Latest Caselaw 6480 Kant

                                            -1-
                                                       NC: 2023:KHC:32990
                                                     RSA No. 1028 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.1028 OF 2021 (RES)

                   BETWEEN:

                   B C KUMAR
                   S/O C R BASAVARAJU
                   AGED ABOUT 47 YEARS
                   RESIDING AT HONGANUR VILLAGE
                   CHAMARAJANAGAR TALUK-571313.


                                                             ...APPELLANT
                   (BY SMT. SUMATHI S, ADVOCATE)
                   AND:

                   1.    NANDISH S M
Digitally signed
by SHARANYA T            S/O SRI LATE MAHADEVAPPA
Location: HIGH           AGED ABOUT 47 YEARS
COURT OF
KARNATAKA                RESIDING AT NO.22/270
                         BRAMARAMBHA EXTENSION
                         3RD CROSS, CHAMARAJANAGAR-571313.


                                                          ...RESPONDENT

                        THIS RSA IS FILED UNDER SEC.100 OF CPC.,
                   AGAINST THE JUDGMENT AND DECREE DATED 15.09.2021
                   PASSED IN R.A.NO.77/2018 ON THE FILE OF THE SENIOR
                   CIVIL JUDGE AND CJM, AT CHAMARAJANAGAR AND ETC.
                              -2-
                                          NC: 2023:KHC:32990
                                       RSA No. 1028 of 2021




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

This Court vide order dated 29.08.2023 made an

observation that this matter is listed fifth time for non-

compliance of office objections. However, in the interest of

justice and in view of time sought by the learned counsel

for the appellant, two weeks time was granted on cost of

Rs.1,000/- 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 appellant is not pursuing the matter

diligently and 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