Smt.Hanumakka vs Smt.Shivagangamma
2023 Latest Caselaw 6821 Kant

                                               -1-
                                                          NC: 2023:KHC:34969
                                                        RSA No. 1966 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. 1966 OF 2021 (SP)

                   BETWEEN:

                   1.    SMT. HANUMAKKA
                         W/O HULIGE RAMAIAH
                         AGED ABOUT 47 YEARS,
                         R/AT ARASIKERE VILLAGE,
                         PAVAGADA TALUK-572 116
                         TUMKUR DISTRICT.

                   2.    SMT.DHANALAKSHMI
                         W/O GANGADHARAIAH
                         AGED ABOUT 40 YEARS,
                         R/AT KYATHAGANAKERE VILLAGE,
                         NGALAMADIKE HOBLI
                         PAVAGADA TALUK-572 136
                         TUMKUR DISTRICT.

Digitally signed
by SHARANYA T      3.    SMT.UMAKKA
Location: HIGH           W/O SANJANNA
COURT OF                 AGED ABOUT 35 YEARS,
KARNATAKA
                         R/AT ARASIKERE VILLAGE,
                         PAVAGADA TALUK-572 116
                         TUMKUR DISTRICT.
                                                                 ...APPELLANTS
                                  (BY SRI SURESH P., ADVOCATE)
                   AND:

                   1.    SMT. SHIVAGANGAMMA
                         S/O H.THIMMANNA
                         AGED ABOUT 50 YEARS,
                         R/AT ARASIKERE VILLAGE,
                         PAVAGADA TALUK
                                -2-
                                            NC: 2023:KHC:34969
                                         RSA No. 1966 of 2021




    NOW RESIDING AT
    PATTANAYAKANAHALLY VILLAGE,
    SIRA TALUK-572 137
    TUMKUR DISTRICT.
                                                 ...RESPONDENT

     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 18.09.2018
PASSED IN R.A.NO.71/2016 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, PAVAGADA, DISMISSED THE APPEAL
AND    CONFIRMING   THE JUDGMENT AND DECREE DATED
13.01.2016   PASSED IN O.S.NO.54/2009 ON THE FILE OF
THE ADDITIONAL CIVIL JDUGE AND JMFC AT PAVAGADA.

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

                            ORDER

The counsel for the appellants has filed a retirement

memo, since the appellants want to engage another counsel to

conduct the case and he has given no objection Vakalath, but

not produced any acknowledgment along with retirement

memo and hence counsel is not permitted to retire from the

case unless acknowledgment is produced before the Court.

2. The earlier order dated 11.09.2023 is also very clear

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

will be dismissed.

NC: 2023:KHC:34969 RSA No. 1966 of 2021

3. Inspite of an opportunity is given, cost is not paid and

office objections are also not complied. Hence, appeal is

dismissed for non compliance and for non payment of cost.

Sd/-

JUDGE

AP