Case Note & Summary
The State of Karnataka and its officers filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgments and orders in O.S.No.169/2000 and R.A.No.273/2010. The appeal was accompanied by I.A.No.1/2017 for condonation of delay. On 24.06.2019, the court passed a conditional order allowing the application for condonation of delay subject to payment of costs of Rs.5,000 to the respondents within four weeks. The appellants failed to comply with this order. Subsequently, the appellants filed I.A.No.1/2019 seeking recall of the order dated 24.06.2019 and I.A.No.1/2025 seeking condonation of delay for payment of costs. The court heard the matter and reserved judgment on 27.11.2025. The court noted that the conditional order was not complied with and the applications for recall and condonation were not pressed. Consequently, the court dismissed the appeal for non-compliance with the conditional order.
Headnote
A) Civil Procedure - Conditional Order - Non-Compliance - Dismissal of Appeal - Section 100, Section 151 Code of Civil Procedure, 1908 - The appellants failed to pay costs as directed by the court in the order dated 24.06.2019, leading to dismissal of the appeal - Held that non-compliance with a conditional order results in dismissal of the appeal (Paras 1-5).
Issue of Consideration
Whether the appeal should be dismissed for non-compliance with the conditional order dated 24.06.2019 regarding payment of costs.
Final Decision
The Regular Second Appeal is dismissed for non-compliance with the conditional order dated 24.06.2019. I.A.No.1/2019 and I.A.No.1/2025 are dismissed as not pressed.
Law Points
- Conditional order
- non-compliance
- dismissal of appeal
- Section 100 CPC
- Section 151 CPC
- condonation of delay
- payment of costs
Case Details
2025 LawText (KAR) (12) 19
Regular Second Appeal No.1802 of 2017
Dr. Justice K. Manmadha Rao
Sri. Santhosh S. Gogi, AAG, A/w Sri Jayalingaiah, AGA for appellants; Sri. T.P.Rajendra Kumar Sungay for respondents
State of Karnataka, The Revenue Secretary, The Assistant Commissioner, The Tahsildar
Manjunatha S.K., Vasantha alias V.S.Hegde
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Nature of Litigation
Regular Second Appeal under Section 100 CPC against judgments in O.S.No.169/2000 and R.A.No.273/2010.
Remedy Sought
Appellants sought to set aside the judgments and orders of the lower courts.
Filing Reason
Appellants challenged the concurrent findings of the trial court and first appellate court.
Previous Decisions
Trial court judgment dated 21.08.2010 in O.S.No.169/2000 and first appellate court judgment dated 27.01.2014 in R.A.No.273/2010.
Issues
Whether the appeal should be dismissed for non-compliance with the conditional order dated 24.06.2019.
Submissions/Arguments
Appellants did not press I.A.No.1/2019 and I.A.No.1/2025.
Appellants failed to comply with the conditional order to pay costs.
Ratio Decidendi
Non-compliance with a conditional order for payment of costs results in dismissal of the appeal.
Judgment Excerpts
The appeal is dismissed for non-compliance with the conditional order dated 24.06.2019.
I.A.No.1/2019 and I.A.No.1/2025 are dismissed as not pressed.
Procedural History
The appeal was filed in 2017. On 24.06.2019, a conditional order was passed allowing condonation of delay subject to payment of costs. The appellants failed to comply. I.A.No.1/2019 for recall and I.A.No.1/2025 for condonation were filed but not pressed. The appeal was heard and reserved on 27.11.2025 and judgment pronounced on 19.12.2025.
Acts & Sections
- Code of Civil Procedure, 1908: 100, 151
