Smt Sakamma Since Dead By Her Lrs vs Sri P D Shrinivas
2024 Latest Caselaw 25628 Kant

Karnataka High Court

Smt Sakamma Since Dead By Her Lrs vs Sri P D Shrinivas on 28 October, 2024

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                                                   NC: 2024:KHC:43460
                                                 RSA No. 1567 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. 1567 OF 2021 (DEC)

              BETWEEN:

                   SMT SAKAMMA
                   SINCE DEAD BY HER LRS

              1.   SRI. MALLESHA,
                   S/O LATE BORAIAH,
                   AGED ABOUT 60 YEARS

              2.   SRI. MAHADEVA
                   S/O LATE BORAIAH,
                   AGED ABOUT 56 YEARS,

              3.   SRI. MAHESHA
Digitally          S/O LATE BORAIAH,
signed by R        AGED ABOUT 41 YEARS
DEEPA
              4.   SRI. MANJU
Location:
                   S/O LATE BORAIAH,
HIGH
COURT OF           AGED ABOUT 39 YEARS
KARNATAKA
              5.   SRI. KRISHNA
                   S/O LATE BORAIAH,
                   AGED ABOUT 35 YEARS

              6.   SMT. PARVATHAMMA
                   W/O MAHADEVU
                   AGED ABOUT 54 YEARS,
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                                           NC: 2024:KHC:43460
                                       RSA No. 1567 of 2021




7.   SMT. NEELAMMA
     W/O MUTHURAJU,
     AGED ABOUT 48 YEARS,

     ALL ARE R/O BASAVANAPURA VILLAGE
     (HELAVARA HUNDI), MAADAGALLI YELLE
     BELAKAVADI POST, YELAWALA HOBLI,
     MYSURU TALUK 571130
                                                  ...APPELLANTS
(BY SRI. SWAMY M M., ADVOCATE)

AND:

SRI. P.D. SHRINIVAS
S/O DASEGOWDA
AGED ABOUT 69 YEARS
No.2344, 3RD CROSS
5TH MAIN, PADUVARAHALLI
MYSURU - 570 002
                                                  ...RESPONDENT

       THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 13.11.2020
PASSED    IN   RA.No.121/2019   ON   THE   FILE    OF   THE   VII
ADDITIONAL DISTRICT JUDGE, MYSURU,          DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 11.12.2018 PASSED IN OS.No.733/2010 ON THE FILE
OF THE IV ADDITIONAL SENIOR CIVIL JUDGE, AND JMFC,
MYSURU.


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


CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
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                                          NC: 2024:KHC:43460
                                       RSA No. 1567 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 appellants did not comply with the

office objections. The matter was listed before the Court

on 22.01.2024. Three weeks time was granted to comply

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

payable to High Court Legal Services Committee. Learned

counsel for the appellants paid the said cost. On

05.07.2024, two weeks time was granted on payment of

further 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 appellants.

The appeal was filed in the year 2021. Inspite of granting

sufficient time, the appellants did not comply with the

office objections and has not paid the cost as ordered by

NC: 2024:KHC:43460

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