IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE K. NATARAJAN REGULAR SECOND APPEAL NO.1881 OF 2011 BETWEEN:
B.G. ANANDA S/O B. GOPALAPPA AGED ABOUT 40 YEARS KARTHA OF THE JOINT FAMILY OF THE B. GOPALAPPA R/AT. MAIN ROAD SORAB TOWN-577429.
(BY SRI. R. SHASHIDHARA, ADV., (ABSENT)) AND:
B.V. VENKATESHA GUDIGAR S/O LATE B. KRISHNAPPA AGED ABOUT 74 YEARS SANDAL WOOD WORK R/AT. MAIN ROAD SORAB TOWN-577429.
(RESPONDENT SERVED) … APPELLANT … RESPONDENT - - -
This R.S.A. is filed under Section 100 of CPC., against the Judgment and Decree dated 30.05.2011 passed in R.A.No.396/2007 on the file of the Senior Civil Judge & JMFC, Soraba, dismissing the appeal and confirming the Judgment and Decree dated 6.12.2006 passed in O.S.No.120/1991 on the file of the Civil Judge (Jr.Dn.) and JMFC, Sorba & etc.
This R.S.A. coming on for Admission this day, the Court delivered the following:-
JUDGMENT Learned counsel for the appellant remained absent even when the case is called at 3.40 p.m. for the second time.
This Court, on the last date of hearing i.e. on 11.10.2019, has observed that the counsel has remained absent even during post lunch session. However, in the interest of justice, one more opportunity is given to the learned counsel for the appellant to address his argument, failing which appeal will be dismissed for non-prosecution on the next date of hearing and ordered to list the matter today. Inspite of calling the case for the second time, learned counsel for the appellant remained absent.
The appeal is of the year 2011 and is pending for more than 8 years. The appellant has not chosen to pursue the matter.
Hence, the appeal is dismissed for non- prosecution.
2. In view of the dismissal of the appeal, the pending interlocutory application does not survive for consideration and is accordingly dismissed.
Sd/- JUDGE RV