IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN REGULAR SECOND APPEAL NO.2717 OF 2011 (INJ) BETWEEN:
D.M. SHIVALINGAIAH, S/O LATE MAYIGOWDA, AGED ABOUT 78 YEARS, R/O DANAYAKAPURA VILLAGE, KEREGODU HOBLI, MANDYA TALUK & DISTRICT.
[BY SRI D.M. SHIVALINGAIAH, ADV., (ABSENT)] AND:
1. PARASHIVAIAH, AGED ABOUT 52 YEARS, 2. D.S. UMESH, AGED ABOUT 49 YEARS, (BOTH SONS OF LATE SHIVALINGAIAH) R/O DANAYAKANAPURA VILLAGE, KEREGODU HOBLI, MANDYA TALUK & DISTRICT.
... APPELLANT … RESPONDENTS [BY SRI PADUBIDRI MOHAN RAO, ADV., FOR R1 & R2 (ABSENT)] * * * THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 13-10-2011 PASSED IN R.A.NO.13/2006 ON THE FILE OF THE PRL. DISTRICT JUDGE, MANDYA, DISMISSING THE APPEAL AND UPHOLDING THE JUDGMENT AND DECREE DATED 08.07.2002 PASSED IN O.S.NO.430/1995 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) & JMFC., MANDYA.
THIS REGULAR SECOND APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This Court vide order dated 17.01.2019 has directed the Registry to issue Court notice to the appellant to inform that his counsel Sri S.N.Keshava Murthy died about two to three years ago. Notice has been duly served on the sole appellant on 30.01.2019 as per the endorsement. Notice along with the letter of the District and Sessions Judge, Mandya dated 31.01.2019 shows that the notice is duly served on him about more than eight months back.
The appellant has not chosen to appear before this Court either himself in person or through any advocate. Hence, the appeal is dismissed for non-prosecution.
Sd/- JUDGE GBB