Smt. Nanjamma vs Sri K N Narayanaswamy
2024 Latest Caselaw 25626 Kant

Karnataka High Court

Smt. Nanjamma vs Sri K N Narayanaswamy on 28 October, 2024

                                       -1-
                                                     NC: 2024:KHC:43462
                                                   RSA No. 1548 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. 1548 OF 2021 (SP)

              BETWEEN:

              SMT. NANJAMMA
              W/O LATE VENKATAMUNIYAPPA
              AGED ABOUT 49 YEARS
              R/O JANNAGHATTA VILLAGE AND POST
              SUGATUR HOBLI,
              KOLAR TALUK 563101
                                                           ...APPELLANT
              (BY SRI. M SHIVAPRAKASH, ADVOCATE)

              AND:

              SRI K N NARAYANASWAMY
Digitally     S/O LATE NANJUNDAPPA
signed by R   AGED ABOUT 43 YEARS
DEEPA
              R A/T JANNAGHATTA VILLAGE AND POST
Location:     SUGATUR HOBLI,
HIGH
              KOLAR TALUK 563101
COURT OF
KARNATAKA                                                ...RESPONDENT
              (BY SRI. VARADAREDDY G K., ADVOCATE)

                   THIS RSA IS FILED UNDER SECTION 100 OF CPC
              AGAINST THE JUDGMENT AND DECREE DATED 01.12.2020
              PASSED IN RA.No.92/2019 ON THE FILE OF THE II
              ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KOLAR,
              ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT
              AND DECREE DATED 25.04.2019 PASSED IN OS.No.190/2010
              ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC,
              KOLAR.
                              -2-
                                          NC: 2024:KHC:43462
                                       RSA No. 1548 of 2021




    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 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.

NC: 2024:KHC:43462

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 not paid the cost as ordered 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