Karnataka High Court
Sri M Jayaram vs Marigowda Died Byhis Lrs M Jayaram on 28 October, 2024
-1-
NC: 2024:KHC:43461
RSA No. 1559 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1559 OF 2021
(PAR/POS)
BETWEEN:
SRI M JAYARAM
AGED ABOUT 60 YEARS,
S/O LATE MARI GOWDA
R/AT MALARADAHUNDI VILLAGE
HAMPAPURA HOBLI, H D KOTE TALUK
MYSURU DISTRICT.
...APPELLANT
(BY SRI. PRASAD B., ADVOCATE)
AND:
1. MARIGOWDA
Digitally signed DIED BY HIS LEGAL REPRESENTATIVES
by R DEEPA
Location: 1(A) M JAYARAM
HIGH COURT
OF (R-1A IS DELETED IN ORIGINAL PROCEEDINGS
KARNATAKA ALSO SINCE HE IS NONE ELSE THAN APPELLANT)
1(B) SMT MARAMMA
AGED ABOUT 60 YEARS
W/O LATE MARIGOWDA
R/AT HASAVALU VILLAGE
HUNSUR TALUK, MYSURU DISTRICT
1(C) SMT LAKSHMI
AGED ABOUT 40 YEARS,
D/O LATE MARIGOWDA
W/O RAMESHA
-2-
NC: 2024:KHC:43461
RSA No. 1559 of 2021
R/AT HASAVALU VILLAGE
HUNSUR TALUK, MYSURU DISTRICT
1(D) SMT MAMATHA
AGED ABOUT 38 YEARS,
D/O LATE MARIGOWDA
W/O RAMESHA
R/AT DEVARASANAHALLI VILLAGE
NANJANGUD TALUK
MYSURU DISTRICT
1(E) SRI RAGHU
AGED ABOUT 35 YEARS,
S/O LATE MARIGOWDA
R/AT MALARADAHUNDI VILLAGE
HAMPAPURA HOBLI, HUNSUR TALUK
MYSURU DISTRICT
2. K MAHADEVA GOWDA
DIED BY HIS LEGAL REPRESENTATIVES
2(A) SMT PREMAMMA
AGED ABOUT 73 YEARS
W/O LATE MAHADEVA GOWDA
R/AT MALARADAHUNDI VILLAGE
HAMPAPURA HOBLI, HUNSUR TALUK
MYSURU DISTRICT
2(B) SMT SUVARNA
AGED ABOUT 38 YEARS,
D/O LATE MAHADEVA GOWDA
W/O BOREGOWDA
R/AT BELAWADI VILLAGE
YELAVALA HOBLI, MYSURU TALUK
2(C) SMT M BHUVANESHWARI
AGED ABOUT 35 YEARS
D/O LATE MAHADEVA GOWDA
W/O SIDDEGOWDA
R/AT MAVANAHALLI VILLAGE
JAYAPURA HOBLI, MYSURU TALUK
-3-
NC: 2024:KHC:43461
RSA No. 1559 of 2021
2(D) M MANJUNATH
AGED ABOUT 33 YEARS,
S/O LATE MAHADEVA GOWDA
R/AT MALARADAHUNDI VILLAGE
HAMPAPURA HOBLI,
HUSUR TALUK
MYSURU DISTRICT
2(E) SHASHIKALA
AGED ABOUT 31 YEARS,
D/O LATE MAHADEVA GOWDA
R/AT 12TH CROSS,
KALIDASA ROAD,
OPP: TO RAGHAVENDRASWAMY MUTT
VV MOHALLA, VONTIKOPPAL
MYSURU CITY
....RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 27.07.2020
PASSED IN RA.NO.244/2013 ON THE FILE OF THE VIII ADDL.
DISTRICT AND SESSIONS JUDGE, MYSURU, SITTING AT
HUNSUR, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 28.02.2013 PASSED IN
O.S.NO.170/2007 ON THE FILE OF THE ADDL. SENOR CIVIL
JUDGE AND JMFC, HUNSURU.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
-4-
NC: 2024:KHC:43461
RSA No. 1559 of 2021
ORAL JUDGMENT
This regular second appeal was filed on 15.02.2021.
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
18.01.2024, two weeks time was granted to comply with
the office objections. Again the matter was listed on
25.06.2024. None appeared for the appellant. 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 stipulated
time, the appeal shall be dismissed without reference to
the Bench.
2. Case called. None appears for the appellant.
The appeal was filed in the year 2021. Inspite of granting
sufficient time, the appellant did not comply with the office
objections and has not paid the cost as ordered by this
NC: 2024:KHC:43461
Court. In view of the peremptory order, the appeal is
dismissed for non-compliance of the office objections.
Sd/-
(ASHOK S.KINAGI)
JUDGE
RD
