In The High Court Of Karnataka At Bengaluru DATED THIS THE 12TH DAY OF DECEMBER 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 574 of 2017 (DEC) Between:
SMT. AKKANAGAMMA WIFE OF SHANKARAPPA, AGED ABOUT 60 YEARS, RESIDING AT HIRIKOGALURU VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT ... APPELLANT (BY SMT.HARSHITHA RATHOD, ADVOCATE FOR SRI K.N.SUBBA REDDY, ADVOCATE) And:
1. SRI VEERBHADRAPPA SON OF RUDRAPPA, AGED ABOUT 68 YEARS, RETD. P.E.TEACHER, RESIDING AT D.NO.2963/57, NEAR BIET HOSTEL, SWAMI VIVEKANANDA EXTENSION, DAVANAGERE 2. SRI B.BASVARAJAPPA SON OF RUDRAPPA, AGED ABOUT 61 YEARS, AGRICULTURIST, JAWAHARLAL BUILDING, 1ST FLOOR, PANCHA NAHAKAVI ROAD, BEHIND GIRLS JUNIOR COLLEGE, CHIKAMAGALORE DISTRICT 3. K.R.ONKARAPPA SON OF RUDRAPPA, AGED ABOUT 54 YEARS, AGRICULTURIST, RESIDING AT HIREKOGALURU VILLAGE, 4. SMT. SAROJAMMA WIFE OF BASAVARAJAPPA, AGED ABOUT 50 YEARS, BHAVARALLA BUILDING, TARIKERE, CHIKAMAGALORE DISTRICT.
5. SMT. PARVATAMMA WIFE OF J.RUDRAPPA, AGED ABOUT 48 YEARS, JAYADEVA NILAYA, PLOT NO.3, BASAVANAGARA, NEAR HEGIRI HUBBALI ... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 26.11.2016 PASSED IN R.A.NO.04/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHANNAGIRI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.11.2013 PASSED IN O.S.NO.364 OF 2008 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC., CHANNAGIRI.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment On 05.02.2019, this Court granted ten days’ time to comply with the office objections, and on 28.08.2019, further two weeks’ time was granted to comply with the office objections subject to the condition that costs of Rs.1,000/- shall be paid to the Karnataka State Legal Services Authority, Bengaluru.
2. When the appeal was listed on 16.10.2019, none appeared for the appellant, and further two weeks’ time was granted to comply with the office objections subject to the condition that if the office objections are not complied within the extended period of two weeks, the appeal shall be dismissed.
3. Despite this order, the office objections have not been complied with. Therefore, the appeal is dismissed for default.
Sd/- Judge KPS