T T Murthy vs Thimmaiah (Archak)
2023 Latest Caselaw 6820 Kant

                                              -1-
                                                         NC: 2023:KHC:34967
                                                       RSA No. 1994 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 26TH DAY OF SEPTEMBER, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   REGULAR SECOND APPEAL NO. 1994 OF 2021 (DEC/POS)

                   BETWEEN:

                   1.    T.T.MURTHY
                         S/O LATE THIMMARAYAPPA
                         AGED ABOUT 54 YEARS
                         R/AT NO.273, 4TH CROSS
                         MAHALAKSHMIPURAM
                         KURUBARAHALLI
                         BENGALURU-560 086.

                   2.    T. PUTTASWAMY
                         S/O LATE THIMMARAYAPPA
                         AGED ABOUT 48 YEARS,
                         R/AT THIBBANAHALLI VILLAGE
                         DEVALAPURA POST HOBLI
                         NAGAMANGALA TALUK
                         MANDYA DISTRICT-571 432.
Digitally signed
by SHARANYA T                                                    ...APPELLANTS
Location: HIGH
COURT OF                         (BY SRI CHETHAN B., ADVOCATE)
KARNATAKA
                   AND:

                   1.    THIMMAIAH (ARCHAK)
                         S/O PUTTASWAMAIAH
                         AGED ABOUT 68 YEARS,
                         R/AT C/O KILARA POST
                         KERAGODU HOBLI
                         MANDYA TALUK
                         MANDYA DISTRICT-571 401.
                                                             ...RESPONDENT
                                   -2-
                                            NC: 2023:KHC:34967
                                         RSA No. 1994 of 2021




     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 16.03.2019
PASSED IN R.A.NO.74/2018    ON THE FILE OF THE V
ADDITIONAL DISTRICT JUDGE, MANDYA. DISMISSING THE
APPEAL AND CONFIRMING     THE JUDGMENT AND DECREE
DATED 27.02.2018    PASSED IN O.S.NO.48/2009 ON THE
FILE OF THE I ADDITIONAL SENIOR CIVIL JDUGE AND CJM,
MANDYA.

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

                              ORDER

This Court vide order dated 11.9.2023 granted two weeks

time to comply with office objections on cost and also made it

clear that if cost not paid and office objections not complied,

list this matter for dismissal.

2. The office objections are not complied and cost also

not paid and there is no representation. Hence, the appeal is

dismissed in view of the earlier order for non compliance and

non payment of cost.

Sd/-

JUDGE

AP