High CourtsSingle Bench(2011) 12 KAR CK 0355

K T Shama Reddy Since Dead By Lrs, Smt. Rajamma Reddy and Others vs Sri. Thimma Reddy

Karnataka High Court · Decided on 1 December 2011

HON’BLE JUDGES
B. Sreenivase Gowda, J
RESULT
Dismissed
CASE NUMBER
Regular First Appeal NO. 249 of 2011 (DEC and INJ)

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Judgment

7 paragraphs · 212 words

B. Sreenivase Gowda

1.

This appeal was filed on 2.2.2011 by the plaintiff''s in O.S. 1827/1996 challenging the judgment and decree passed by the Trial Court in dismissing the suit of the plaintiff''s brought for relief of declaration and injunction.

2.

As the appellants failed to comply with the office objections within six weeks of time as permitted under Rule 14 of Chapter 12 of the High Court of Karnataka Rules 1959, the appeal was listed before Court on 9.11.2011 for orders regarding noncompliance of office objections. On the said date, the appellants were granted time up to 28.11.2011 for compliance of office objectiona with a condition that failing to comply office objection, the appeal will be listed before Court on 1.12.2011 as to why it should not be dismissed for non-compliance of office objection.

3.

Today, the Learned Counsel for the appellants submit that he has complied all the office abjections except payment of deficit Court foe of Rs. 38,950/- and he further submits that in spite of his instructions, the appellants have not arranged for payment of the same.

4.

The submission of the Learned Counsel for the appellants is placed on record.

5.

Accordingly, the appeal is dismissed for non-payment of deficit Court fee.

No order as to costs.