Sri Narayana vs Sri Krishnappa
2024 Latest Caselaw 27685 Kant

Karnataka High Court

Sri Narayana vs Sri Krishnappa on 19 November, 2024

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                                                     NC: 2024:KHC:46874
                                                   RSA No. 1533 of 2021




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                      BEFORE

                      THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                      REGULAR SECOND APPEAL NO. 1533 OF 2021

              BETWEEN:

              SRI NARAYANA
              S/O MUDDACHARYA,
              AGED ABOUT 51 YEARS,
              OCC. BUSINESS, R/O 1ST CROSS,
              BARAGERI BEEDI, HALALKERE ROAD,
              CHITRADURGA TOWN 577501
                                                           ...APPELLANT
              (BY SRI. KANTHARAJAPPA M G., ADVOCATE)

              AND:

              1.    SRI KRISHNAPPA
                    S/O GOVINDAPPA,
Digitally           AGED ABOUT 66 YEARS,
signed by R         OCC BUSINESS
DEEPA
Location:     2.    LAKSHMIDEVI
HIGH                W/O KRISHNAPPA,
COURT OF            AGED ABOUT 61 YEARS,
KARNATAKA           HOUSE WIFE,

                    BOTH ARE R/O HOLALKERE ROAD,
                    OPP RAVI NURSING HOME
                    CHITRADURGA TOWN 577501
                                                        ...RESPONDENTS

                   THIS RSA IS FILED UNDER SECTION 100 OF THE CPC
              PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE II
              ADDL.   SENIOR   CIVIL  JUDGE  AT  CHITRADURGA   IN
                              -2-
                                          NC: 2024:KHC:46874
                                       RSA No. 1533 of 2021




R.A.NO.09/2016 DATED 03/02/2020, AND THE JUDGMENT AND
DECREE PASSED IN O.S.NO.601/2009 DATED 19.12.2015, BY
THE LEARNED III ADDL. CIVIL JUDGE & JMFC, CHITRADURGA;
AND ETC.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI


                    ORAL JUDGMENT

This regular second appeal was filed on 11.03.2021.

Office has raised objections and time was granted to

comply with the office objections. Inspite of granting

sufficient time, the appellant did not comply with the office

objections. The matter was listed before the Court on

22.01.2024, and 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. Again the matter was listed on 28.06.2024.

Another two weeks time was granted to comply with the

office objections on payment of cost of Rs.500/-, payable

at the registry, and it was made clear that if office

objections are not complied and cost is not paid within the

NC: 2024:KHC:46874

stipulated time, the appeal shall be dismissed without

reference to the Bench. Again the matter was listed on

28.10.2024. At the request of learned counsel for the

appellant, finally a week's time was granted to comply

with the office objections, subject to payment of cost of

Rs.5,000/-, payable to the Advocates' Association,

Bengaluru, failing which, the appeal shall be listed for

dismissal on 19.11.2024.

2. Inspite of granting sufficient time, the appellant

did not comply with the office objections and has not paid

the cost imposed by this Court. In view of the peremptory

order, the appeal is dismissed for non-compliance of the

office objections.

Sd/-

(ASHOK S.KINAGI) JUDGE

RD