IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD REGULAR SECOND APPEAL NO. 434 OF 2018 (PAR) BETWEEN:
AJJAMADA N. AIYAPPA SON OF SRI. A.S. NANJAPLPA AGED ABOUT 35 YEARS KURCHI VILLAGE, SRIMANGALA NAD, VIRAJPET TALUK, KODAGU DISTRICT.
... APPELLANT (BY SRI. MUNISWAMY GOWDA. H., ADVOCATE (ABSENT) ) AND:
1. MACHAMADA CHENGAPPA SON OF LATE MONNAPPA AGED 70 YEARS KAIMANE, SRIMANGALA VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT.
2. KUPPANDA K POOVAMMA WIFE OF K.P. KARIAPPA AGED 66 YEARS KURCHI VILLAGE, SRIMANGALA NAD, VIRAJPET TALUK, KODAGU DISTRICT.
3. AJJAMADA NANJAPPA SON OF LATE SUBBAIAH AGED 36 YEARS KURCHI VILLAGE, SRIMANGALA NAD, VIRAJPET TALUK, KODAGU DISTRICT.
4. AJJAMADA THAYAMMA WIFE OF AJJAMADA NANJAPPA AGED ABOUT 68 YEARS KURCHI VILLAGE, SRIMANGALA NAD, VIRAJPET TALUK, KODAGU DISTRICT.
5. AJJAMADA N. LAXMANA SON OF AJJAMADA NANJAPPA AGED ABOUT 46 YEARS KURCHI VILLAGE, SRIMANGALA NAD, VIRAJPET TALUK, KODAGU DISTRICT.
6. SMT. CHOTTEPANDA KAMAVVA WIFE OF LATE CHOTTEPANDA GANAPATHY, AGED ABOUT 76 YEARS JODUBETTI, BEHIND OASIS CLUB PONNAMPET, VIRAJPET TALUK, KODAGU DISTRICT.
7. CHOTTEPANDA G. KARIAPPA SON OF LATE CHOTTEPANDA GANAPATHY AGED ABOUT 55 YEARS JODUBETTI BEHIND OASIS CLUB, PONNAMPET, VIRAJPET TALUK, KODAGU DISTRICT.
8. SMT. CHOTTEPANDA G. NAILA DAUGHTER OF LATE CHOTTEPANDA GANAPATHY WIFE OF KEKADA DEVAIAH AGED ABOUT 51 YEARS JODUBETTI BEHIND OASIS CLUB, PONNAMPET, VIRAJPET TALUK, KODAGU DISTRICT.
9. SMT. CHOTTEPANDA G. SHAILA DAUGHTER OF LATE CHOTTEPANDA GANAPATHY WIFE OF KALLUMANDA THIMMAIAH JODUBETTI BEHIND OASIS CLUB, PONNAMPET, VIRAJPET TALUK, KODAGU DISTRICT.
10. SMT. CHOTTEPANDA GANGAMMA WIFE OF LATE BHEEMAIAH AGED ABOUT 70 YEARS DOOR NO.247, EWS, II STAGE, KUVEMPU NAGAR, MYSORE.
11. SMT. CHOTTEPANDA THEJASWINI DAUGHTER OF ALTE BHEEMAIAH AGED ABOUT 44 YEARS DOOR NO.247, EWS, II STAGE, KUVEMPUR NAGAR, MSYORE.
12. SMT. KUPPANDA YASHODA WIFE OF JEEVANKUMAR C/O KARIAPPA AGED ABOUT 51 YEARS DOOR NO.66/1, NETHRAVATHY ROAD, TIN FACTORY, K.R. PURAM, DURAVANINAGAR BANGALORE - 560 016.
13. KADEMADA VISHWANATH SON OF NANJAPPA AGED ABOUT 48 YEARS DOOR NO.3, 27TH BLOCK, NANDI SANKIRAN, ADUGODI POLICE QUARTERS, BANGALORE - 550 030.
... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.11.2017 PASSED IN R.A. NO. 35/2012 ON THE FILE OF THE II ADIDITIONAL DISTRICT AND SESSION JUDGE, KODAGU-MADIKERI, SITTING AT VIRAJPET, DISMISSING THE APEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.02.2012 PASSED IN O.S. NO. 9/1998 ON THE FILE OF THE SENIOR CIVIL JUDGE VIRAJPET.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellant. This Court on 23.09.2019 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.
nv Ct:sr SD/- JUDGE