IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL REGULAR SECOND APPEAL NO.796/2016(RES) BETWEEN:
1. B M SHIVARAMSHETTY S/O LATE B MAHALINGASHETTY AGED ABOUT 75 YEARS AGRICULTURIST RESIDENT OF HARIHARAPURA TOWN AND POST, KOPPA TALUK CHIKKAMAGALUR DISTRICT 2. B.M.RAGHUNATH SHETTY S/O LATE MAHALINGASHETTY AGED ABOUT 70 YEARS AGRICULTURIST RESIDENT OF HARIHARAPURA TOWN AND POST, KOPPA TALUK CHIKKAMAGALUR DISTRICT ... APPELLANTS (BY SRI.J.D.KASHINATH, ADV. FOR M/S PEOPLE’S LAW ADV.) AND:
1. SRI SRI SACHIDANANDA SARASWATHI SWAMIJI, HEAD OF MUTT AGED ABOUT 75 YEARS RESIDENT OF HARIHARAPURA TOWN AND POST, KOPPA TALUK CHIKKAMAGALUR DISTRICT 2. RATHI V SHETTY W/O VITTALSHETTY AGED ABOUT 80 YEARS, BELAKALE, THENKA NIDIYUR VILLAGE KRODASHRAMA POST UDUPI TALUK DAKSHINA KANNADA DISTRICT 3. SMT. NALINI T HEGDE W/O LATE M.TARANATH HEGDE AGED ABOUT 78 YEARS BELAKALE, THENKA NIDIYUR VILLAGE KRODASHRAMA POST UDUPI TALUK, DAKSHINA KANNADA DISTRICT ... RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.02.2015 PASSED IN R.A.NO.33/2013 ON THE FILE OF THE PRL. DISTRICT & SESSIONS JUDGE, CHIKKAMAGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.1.2013 PASSED IN O.S.NO.127/2005 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHIKKAMAGALURU.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though this Court passed a peremptory order dated 04-09-2017 granted time up to 07-10-2017 to comply with the remaining office objections, the office note indicates that the office objections have not been complied with on or before 07-10-2017.
2. In view of the peremptory order passed by this Court, the appeal stands dismissed.
Sd/- JUDGE mpk/-*