IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR R.F.A. NO.1169/2017 BETWEEN 1. DR. A MANJAYYA SHETTY S/O LATE RAJEEVA SHETTY, AGED ABOUT 62 YEARS 2. MRS. ANITA SHETTY, W/O. DR. A. MANJAYYA SHETTY, AGED ABOUT 58 YEARS, BOTH R/AT VENUS MANOR, KADRI KAMBLA CROSS ROAD, NEAR KADRI VIJAYA CLINIC, KADRI, MANGALURU-575002 D.DISTRICT. ... APPELLANTS (BY SRI S RAJASHEKAR, ADV.) AND 1. DR. MIJARGUTHU SEETHARAMA ALVA, S/O. ANANDA ALVA, AGED ABOUT 71 YEARS 2. MRS. MAYA ALVA W/O. DR. MIJARGUTHU SEETHARAMA ALVA, AGED ABOUT 59 YEARS, BOTH R/AT NO.19/A, KASHINATH DHURU MARG, SEASHELL, 2ND FLOOR, DADAR, MUMBAI-400028 3. MR. M.S HAMEED, AGED ABOUT 72 YEARS, RETD LECTURER, ASSAIGOLI PO, VIA KONAJE, MANGALORE D.K DISTRICT-575003 4. CENTRAL BANK OF INDIA, AROUZA BUILDING HAMPANKATTA, MANGALORE-575001 REPRESENTED BY ITS SENIOR BRANCH MANAGER. ... RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 ORDER XLI RULE 1 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DTD: 01.04.2017, PASSED IN OS.NO.109/2014, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM., MANGALURU., D.K. PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS RFA COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The appellants counsel is present and prays for time to comply with office objections.
His prayer for time cannot be accepted because on 19.06.2018 an order was passed giving two weeks time finally for removing office objections. Cost was also imposed. Since then, office objections are not removed and cost is also not paid. Therefore, the order dated 19.06.2018 comes into effect and the appeal stands dismissed.
Sd/- JUDGE Chs* CT:HR