Ashwathamma vs Venkataraju
2023 Latest Caselaw 6558 Kant

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                                                         NC: 2023:KHC:33624
                                                       RSA No. 1678 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 15TH DAY OF SEPTEMBER, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO.1678 OF 2021 (INJ)

                   BETWEEN:

                   1.    ASHWATHAMMA
                         AGED ABOUT 72 YEARS,
                         W/O. LATE MUTHAPPA,

                   2.    NAGARAJ
                         AGED ABOUT 56 YEARS,
                         S/O. LATE MUTHAPPA,

                   3.    BASAVARAJU
                         AGED ABOUT 53 YEARS,
                         S/O. LATE MUTHAPPA,

                   4.    SRINIVASA
                         AGED ABOUT 50 YEARS,
Digitally signed
                         S/O. LATE MUTHAPPA,
by SHARANYA T
Location: HIGH     5.    LAKSHMIDEVAMMA
COURT OF
KARNATAKA                AGED ABOUT 55 YEARS,
                         D/O. LATE MUTHAPPA,

                   6.    SHARADAMMA
                         AGED ABOUT 45 YEARS,
                         D/O. LATE MUTHAPPA,

                         APPELLANT NOS.1 TO 6 ARE
                         RESIDING AT GUNJUR VILLAGE,
                         TUBUGEREHOBLI,
                         DODDABALLAPURA TALUK,
                         BENGALURU RURAL DISTRICT.
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                                       NC: 2023:KHC:33624
                                     RSA No. 1678 of 2021




7.   CHOWDAMMA
     AGED ABOUT 60 YEARS,
     W/O. LATE PAPANNA,
     RESIDING AT GUNJUR VILLAGE,
     TUBUGERE HOBLI,
     DODDABALLAPURA TALUK,
     BENGALURU RURAL DISTRICT.

8.   KRISHNAPPA
     AGED ABOUT 64 YEARS,
     S/O. CHIKKANARASIMHAIAH,
     RESIDING AT GUNJUR VILLAGE,
     TUBUGEREHOBLI,
     DODDABALLAPURA TALUK,
     BENGALURU RURAL DISTRICT.
                                            ...APPELLANTS

            (BY SRI RAMESHA M.S., ADVOCATE)

AND:

1.   VENKATARAJU
     S/O. NARASIMHAIAH,
     AGED ABOUT 64 YEARS,

2.   N. MOHAN KUMAR
     S/O. NARASIMHAIAH,
     AGED ABOUT 62 YEARS,

3.   N. NARASIMHA MURTHY
     S/O. NARASIMHAIAH,
     AGED ABOUT 50 YEARS,

     THE RESPONDENT NOS.1 TO 3 ARE
     RESIDING AT NELLUKUNTE,
     TUBUGERE HOBLI,
     DODDABALLAPURA TALUK,
     BENGALURU RURAL DISTRICT.
                                          ...RESPONDENTS
                               -3-
                                            NC: 2023:KHC:33624
                                         RSA No. 1678 of 2021




     THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 03.02.2020         PASSED IN
R.A.NO.10057/2019 (OLD NO.19/2017) ON THE FILE OF THE   IV
ADDITIONAL DISTRICT AND SESSIONS JUDGE, DODDABALLAPURA.

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

                            ORDER

This matter is called in the morning session and passed

over. In the afternoon at 2.45 p.m., matter is called, the

counsel again seeks for pass over the matter to comply the

office objections.

2. On perusal of the order it shows that, this Court has

given two weeks time to comply with the office objections and

inspite of it, not complied the office objections. There are 16

office objections and even matter is called in the morning and

passed over and till 2.45 p.m. none of the office objections are

complied. Hence, no ground to keep the matter pending for

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

Sd/-

JUDGE

AP