IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2023 BEFORE THE HON' BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 1768 OF 2018 BETWEEN N A KARUMBAIAH S/O N S APPAIAH AGED ABOUT 58 YEARS R/AT NO.40, GOVT HOSPITAL ROAD KOTE KENGERI, BENGALURU ... APPELLANT/S (By Sri.: MANJUNATH N D, ADVOCATE) AND SIDDALINGEGOWDA S/O B CHANNEGOWDA AGED ABOUT 48 YEARS R/AT BEERESHWARA TEMPLE ROAD URAMARA KASLAGERE GRAMA KOTTATHI HOBLI, KALENAHALLI POST MANDYA TALUK AND DIST AND ALSO R/A NO.22 ESW-MODEL HOUSE …2 RSA NO. 1768/2018 2 O Y H S CITB, 3RD CROSS, I STAGE, HEBBAL EXTENSION DEVARAJA MOHALLA MYSURU …RESPONDENT/S REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGEMENT & DECREE DTD 21.02.2018 PASSED IN R.A.NO. 137/2014 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, MYSURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 05.03.2013 PASSED IN OS.NO.1253/2009 ON THE FILE OF THE II ADDITIONAL I CIVIL JUDGE MYSURU. This Regular Second Appeal coming on for Orders, this day the Court made the following Order:- ORDER Office has noted that acknowledgement for having paid the cost of Rs.5,000/- has not been filed in terms of order dated 08.11.2022 and on perusal of previous order a conditional order was passed to pay the cost to recall the order dated 23.08.2022, failing which the appellant will lose the benefit of the order dated 08.11.2022. …3 RSA NO. 1768/2018 3 Hence, earlier order dated 23.08.2022 is confirmed and the appellant is not entitled for the benefit of order dated 08.11.2022 for non payment of cost. Sd/- JUDGE NOTE : Vide Court Order dated 05.01.2023, office objections are not complied with, hence appeal shall stand dismissed. COPY Sd/- ASSISTANT REGISTRAR T By: PH R By: VS C By: RG Ty Date: 23.03.2023 C Date: 24.03.2023