Smt. Annapurna vs Sri. Umesh
2025 Latest Caselaw 665 Kant

Karnataka High Court

Smt. Annapurna vs Sri. Umesh on 3 July, 2025

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                               -1-
                                                           NC: 2025:KHC:23906
                                                          RSA No. 916 of 2022


                   HC-KAR




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 3RD DAY OF JULY, 2025

                                             BEFORE

                               THE HON'BLE MR. JUSTICE H.P.SANDESH

                            REGULAR SECOND APPEAL NO.916 OF 2022 (SP)

                   BETWEEN:

                   1.   SMT. ANNAPURNA
                        W/O B.V. NAGARAJU
                        AGED ABOUT 48 YEARS

                   2.   B.V. NAGARAJU
                        S/O LATE VEERANAGAPPA
                        AGED ABOUT 53 YEARS

                        BOTH ARE RESIDING AT
                        BUKKAPATNA VILLAGE
                        C.H. DURGA HOBLI
                        KORATAGERE TALUK-572129.
                                                                ...APPELLANTS
Digitally signed
by DEVIKA M        (BY SRI. VINOD KUMAR B.N., ADVOCATE - ABSENT)
Location: HIGH
COURT OF           AND:
KARNATAKA
                   SRI. UMESH
                   S/O LATE KAMANNA
                   AGED ABOUT 43 YEARS
                   R/AT BUKKAPATNA VILLAGE
                   C.H. DURGA HOBLI
                   KORATAGERE TALUK-572129.
                                                               ...RESPONDENT

                        THIS RSA IS FILED UNDER SECTION 100 OF CPC,
                   AGAINST THE JUDGMENT AND DECREE DATED 02.02.2022
                   PASSED IN R.A.NO.48/2019 ON THE FILE OF THE ADDITIONAL
                                -2-
                                        NC: 2025:KHC:23906
                                       RSA No. 916 of 2022


HC-KAR




SENIOR CIVIL JUDGE AND JMFC, MADHUGIRI, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 16.01.2015 PASSED IN O.S.NO.118/2011 ON THE FILE
OF THE CIVIL JUDGE AND JMFC, KORATAGERE AND ETC.

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

CORAM:    HON'BLE MR. JUSTICE H.P.SANDESH

                    ORAL JUDGMENT

This matter is listed for non-compliance of office

objections for seventh time.

2. This matter is of the year 2022 and the matter

was listed before the Registrar on 23.06.2022, 03.11.2023

for compliance of office objections but not complied and on

27.11.2023, the matter was listed before the Court and

this Court granted two weeks' time finally to comply with

the office objections and on 29.10.2024, at the request of

the learned counsel for the appellants, a week's time was

granted to comply with the office objections on cost of

Rs.2,000/- and on 11.11.2024, this Court again granted a

week's time at the request of the counsel for the

appellants to comply the office objections and this Court

NC: 2025:KHC:23906

HC-KAR

also made it clear that if office objections are not complied

till the next date of hearing, the appeal shall be dismissed.

On 03.12.2024, the counsel for the appellants submits

that he has partly complied with the office objections and

again sought time to comply the remaining office

objections and hence, this Court granted two weeks time

to do the needful. But, till date the remaining office

objections are not complied. Thus, it is clear that inspite of

sufficient opportunity is given to comply with the office

objections, the counsel for the appellants failed to do so

and today, the counsel for the appellants is absent and it

shows that the counsel is not diligent in pursuing the

matter. Hence, the appeal is dismissed for non-compliance

of office objections.

Sd/-

(H.P.SANDESH) JUDGE

SN