IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B. M. SHYAM PRASAD REGULAR SECOND APPEAL NO.997 OF 2018 (PAR) Between:
1. A.B.Dharnendraiah, S/o late A.P.Brahmanna, Aged about 60 years, Panduranga Nagara, Mandipet, Tumkur.
2. A.B.Dharmapala, S/o late A.P.Brahmanna, Aged about 55 years, Resident of Gollahalli, Reddyhalli, Madhugiri Taluk, Tumkur District.
...Appellants (By Sri.B.Srinivas, Advocate (Absent)) And:
1. A.P.Pankaja, W/o V.P.Hariprakash, Aged about 62 years, Vaddagere, Koratagere Taluk, Tumkur District.
2. A.B.Sukanya, W/o Nagendra Kumar, Aged about 50 years, Shravandanahalli, Madugiri Taluk, Tumkur District.
3. Bramhaprasad, S/o late A.P.Brahmanna, Aged about 49 years, Adalagere Post, Gubbi Taluk, Tumkur District.
4. Santhosh Kumar, S/o late A.P.Brahmanna, Aged about 49 years, No.149, Puttannaiah Compound, M.G. Road, Tumkur.
5. Parvathamma, W/o Shivanna, Aged about 50 years, Adalagere Post, Gubbi Taluk, Tumkur District.
6. K.B.Narasimhaiah, S/o late Byrappa, Aged about 73 years, Residing at Kumkumnahalli Village, Kasaba Hobli, Tumkur Taluk.
…Respondents This RSA is filed under Section 100 of CPC., against the Judgment and Decree dated 05.12.2017 passed in R.A.No.9/2014, on the file of the I Addl.
District and Sessions Judge, Tumkur, dismissing the appeal and confirming the Judgment and Decree dated 03.12.2013 passed in OS.No.24/2008 on the file of the Additional Senior Civil Judge and CJM., Tumkur.
This RSA coming on for Orders, this day, the Court delivered the following:-
JUDGMENT None appears for the appellants. This Court on 16.10.2019 had adjourned the appeal granting three weeks time for compliance with the office objections subject to the condition that the appeal would be listed for dismissal if there is failure to comply with the office objections. Despite this peremptory order, the office objections have not been complied with. It is obvious that the concerned is not interested in prosecuting the appeal. Therefore, the appeal is dismissed for default.
SD/- JUDGE Mds/-