Kuriyappa vs Puttathimmaiah

Type Court Judgment Court Karnataka Orders Decided Apr 25, 2024

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Citation: sooperkanoon.com/1890682
Court: Karnataka Orders High Court
Judge: M.G.S. Kamal
Decided On: Apr 25, 2024
Case Number: RSA/1031/2020

Parties & Advocates

Appellant / Petitioner

Kuriyappa

Respondent

Puttathimmaiah

Excerpt

in the high court of karnataka at bengalurudated this the 25th day of april, 2024 before the hon' ble mr. justice m.g.s kamal regular second appeal no. 1031 of 2020 between: sri. kuriyappa, s/o chikkathimmaiah, aged about 64 years, r/at kurithimmanapalya village, hamlet of channapatna, koratagere taluk, tumkur district - 572129 ...appellant/s (by sri./smt : g s venkat subba rao, advocate) and: sri. putta thimmaiah s/o venkatappa aged about 70 years r/o kallumane thota channapatna majare koratagere taluk tumkur - 572129 …respondent/s …2 2 rsa no. 1031/2020 this regular second appeal filed under section 100 of cpc, against the judgment and decree dated 03.08.2018 passed in r.a.no.39/2016 on the file of the principal senior civil judge and jmfc., madhugiri,dismissing the appeal and confirming the judgmentand decree dated 08.01.2016 passed in o.s.no.174/2009 on the file of the civil judge and jmfc, koratagere. this regular second appeal coming on for orders, this day the court made the following order.orderthis appeal was posted on 19.01.2024 for fifth time for noncompliance of office objections. taking note of the appeal is of the year 2020, at the request of learned counsel for the appellant two weeks time was granted to comply the office objections, subject to payment of cost, making it clear that appeal would be dismissed if the office objections are not complied with. again the matter is posted today. neither the office objections are complied with nor the cost is paid. it appears that appellant is not interested in prosecuting the appeal. ….3 3 rsa no. 1031/2020 however, in the interest of justice, two weeks time isgranted to comply the office objections, failing which, the appeal would stand dismissed without reference to the bench. judge note : vide court order dated 25.04.2024, office objections are not complied with, hence appeal stand dismissed. copy i/c assistant registrar t by : sr(pks) r by : rg c by : cdj ty dt : 27.08.2024 c.dt : 28.08.2024

Full Judgment

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2024 BEFORE THE HON' BLE MR. JUSTICE M.G.S KAMAL REGULAR SECOND APPEAL NO. 1031 OF 2020 BETWEEN: SRI. KURIYAPPA, S/O CHIKKATHIMMAIAH, AGED ABOUT 64 YEARS, R/AT KURITHIMMANAPALYA VILLAGE, HAMLET OF CHANNAPATNA, KORATAGERE TALUK, TUMKUR DISTRICT - 572129 ...APPELLANT/S (By Sri./Smt : G S VENKAT SUBBA RAO, ADVOCATE) AND: SRI. PUTTA THIMMAIAH S/O VENKATAPPA AGED ABOUT 70 YEARS R/O KALLUMANE THOTA CHANNAPATNA MAJARE KORATAGERE TALUK TUMKUR - 572129 …RESPONDENT/S …2 2 RSA NO. 1031/2020 THIS REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.08.2018 PASSED IN R.A.NO.39/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC., MADHUGIRI,

DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT

AND DECREE DATED 08.01.2016 PASSED IN O.S.NO.174/2009 ON THE FILE OF THE CIVIL JUDGE AND JMFC, KORATAGERE. This Regular Second Appeal coming on for Orders, this day the Court made the following Order.

ORDER

This appeal was posted on 19.01.2024 for fifth time for noncompliance of office objections. Taking note of the appeal is of the year 2020, at the request of learned counsel for the appellant two weeks time was granted to comply the office objections, subject to payment of cost, making it clear that appeal would be dismissed if the office objections are not complied with. Again the matter is posted today. Neither the office objections are complied with nor the cost is paid. It appears that appellant is not interested in prosecuting the appeal. ….3 3 RSA NO. 1031/2020 However, in the interest of justice, two weeks time is

granted to comply the office objections, failing which, the appeal would stand dismissed without reference to the Bench. JUDGE NOTE : Vide Court Order dated 25.04.2024, office objections are not complied with, hence appeal stand dismissed. COPY I/c ASSISTANT REGISTRAR T By : SR(PKS) R By : RG C By : CDJ Ty Dt : 27.08.2024 C.Dt : 28.08.2024

Same Court & Year Karnataka Orders · 2024 Same Parties Kuriyappa vs Puttathimmaiah Same Judge M.G.S. Kamal