Karnataka High Court
Krishnaiha vs Nagaraja on 6 November, 2024
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NC: 2024:KHC:44901
RSA No. 1576 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1576 OF 2021
(DEC/INJ)
BETWEEN:
KRISHNAIHA
S/O LATE CHIKKANNA
AGED ABOUT 46 YEARS,
R/O KADARANAHALLI VILLAGE
HAMLET OF HOSAPALYA
AREGUJANAHALLI POST, URDIGERE HOBLI
TUMAKURU TALUK-572104
...APPELLANT
[BY SRI. SUNIL KUMAR PATEL, ADVOCATE (ABSENT)]
Digitally AND:
signed by R
DEEPA 1. NAGARAJA
S/O LATE BYRAIAH
Location:
HIGH COURT AGED ABOUT 58 YEARS
OF
KARNATAKA 2. RAJANNA
S/O LATE BYRAIAH
AGED ABOUT 55 YEARS
3. REVANNAIAH
S/O LATE KANNUR REVANNAIAH
AGED ABOUT 93 YEARS
4. SIDDALINGAIAHNNAIAH
S/O LATE KANNUR REVANNAIAH
AGED ABOUT 91 YEARS
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NC: 2024:KHC:44901
RSA No. 1576 of 2021
5. CHIKKASIDDAIAH
S/O LATE KANNUR REVANNAIAH
AGED ABOUT 88 YEARS
RESPONDENTS 1 TO 5 ARE
R/AT KANNUR MARSANDRA POST
KUDUR HOBLI, MAGADI TALUK
RAMANAGARA DIST-561101.
6. BYRAMMA
W/O LATE KEMPAIAH
MAJOR
R/O KADARANAHALLI VILLAGE
URDIGERE HOBLI
TUMAKURU TALUK-572104
7. BASAVARAJ
S/O LATE ERANNA
AGED ABOUT 53 YEARS,
8. JAGADISH
S/O LATE ERANNA
AGED ABOUT 43 YEARS,
9. PUTTARAJU
S/O LATE ERANNA
AGED ABOUT 49 YEARS,
10. SURESH
S/O LATE ERANNA
AGED ABOUT 41 YEARS,
RESPONDENTS No.7 TO 10 ARE
R/O HOSAPALYA VILLAGE
HAMLET OF KADRANAHALLI
AREGUJANAHALLI POST
URIDEGERE HOBLI
TUMAKURU TALUK-572104
11. CHICKANNA
S/O LATE DODDASIDDIAH
AGED ABOUT 42 YEARS,
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NC: 2024:KHC:44901
RSA No. 1576 of 2021
R/O KADRANAHALLI VILLAGE
AREGUJANAHALLI POST
URIDEGERE HOBLI
TUMAKURU TALUK-572104
12. REVANAIAH
S/O LATE SIDDABYRAIAH
AGED ABOUT 78 YEARS,
13. RENUKAIAH
S/O REVANAIAH
AGED ABOUT 48 YEARS,
14. VIJAYAMMA
W/O LATE SIDDALINGAIAH
AGED ABOUT 63 YEARS
RESPONDENT Nos.12 TO 14 ARE
HOSAPALAYA VILLAGE
HAMLET OF KADRANAHALLI
AREGUJANAHALLI POST
URIDEGERE HOBLI
TUMAKURU TALUK-572104
15. SHREEDHARA
S/O LATE SIDDALINGAIAH
AGED ABOUT 49 YEARS,
WORKING AS A POLICE CONSTABLE
DEPUTY SUPERINTENDENT OF POLICE
KUNIGAL-572130
16. SUMALATHA
D/O LATE SIDDALINGAIAH
AGED ABOUT 45 YEARS,
WORKING AS A STAFF NURSE
KEMPEGOWDA HOSPITAL
VOKKALIGARA SANGHA
BENGALURU-560001
17. RAGHU
S/O LATE SIDDALINGAIAH
AGED ABOUT 41 YEARS
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NC: 2024:KHC:44901
RSA No. 1576 of 2021
18. REVANASIDDAIAH
S/O LATE SIDDABYRAIAH
AGED ABOUT 60 YEARS,
RESPONDENT Nos.17 & 18 ARE
R/O HOSPLAYA VILLAGE
HAMLET OF KADRANAHALLI
AREGUJANAHALLI POST
URIDEGERE HOBLI
TUMAKUUR TALUK-572 104
19. CHIKKASIDDAIAH
S/O LATE CHIKKANNA
SINCE DEAD REP. BY LEGAL REPRESENTATIVE
19(A) VARALAKSHMI V
W/O LATE CHIKKASAIDDAIAH
AGED ABOUT 42 YEARS,
R/O HOSPALYA VILLAGE
HAMLET OF KADRANAHALLI
AREGUJANAHALLI POST
URIDEGERE HOBLI
TUMAKURU TALUK-572 104
...RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 18.02.2020
PASSED IN RA.No. 52/2015 ON THE FILE OF THE III
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC TUMAKURU,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 29.04.2015 PASSED IN OS No.269/2008
ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC,
TUMAKUR.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC:44901
RSA No. 1576 of 2021
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL JUDGMENT
The appellant filed the appeal on 08.02.2021. Office
has raised objections. Matter was listed before the Court
on 22.01.2024. Three weeks time was granted to comply
with the office objections subject to payment of cost of
Rs.500/- payable to the High Court legal Services
Committee. The matter was listed on 01.04.2024, two
weeks time was granted to comply with the office
objections. On 05.07.2024, learned counsel for the
appellant was absent and not complied with the office
objections. However in the ends of justice, one more
opportunity was given to the counsel on cost of Rs.1,000/-
payable at the Registry, the matter was adjourned. It
was made clear that if counsel does not pay the cost and
comply the office objections within 2 weeks time, the
appeal shall be listed for dismissal without reference to
bench. On 22.10.2024, at the request of learned counsel
for the appellant finally a week's time was granted to
NC: 2024:KHC:44901
comply with the office objections, subject to payment of
cost of Rs.5,000/- failing which, the appeal shall be listed
for dismissal.
2. Even today, case called twice. None appears for
the appellant. As the appeal is of the year 2021, it shows
that the appellant is not interested in complying with the
office objections. In view of the peremptory order, the
appeal stands dismissed for non-compliance of office
objections.
SD/-
(ASHOK S.KINAGI)
JUDGE
SKS
