IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No.674 of 2018 (DEC/INJ) Between:
DASAIAH DEAD BY LRs., 1. MARAMMA DAUGHTER OF LATE DASAAIAH, AGED ABOUT 56 YEARS, RESIDING AT MADALAVADI, HARADANAHALLI HOBLI, CHAMARAJANAGAR TALUK & DISTRICT – 570 008 2. VENUGOPAL SON OF LATE DASAAIAH, AGED ABOUT 51 YEARS, RESIDING AT BACHAHALLI VILLAGE, HANGALA HOBLI, GUNDLUPET TALUK, CHAMARAJANAGAR TALUK & DISTRICT – 570 008 3. PADAMA DAUGHTER OF LATE DASAAIAH, AGED ABOUT 46 YEARS, RESIDING AT TERAKANAMBI HUNDI VILLAGE, TERAKANAMBI HOBLI, GUNGLUPET TALUK, CHAMARAJANAGAR DISTRICT – 570 008 4. VENKATESHA SON OF LAE DASAAIAH, AGED ABOUT 47 YEARS, RESIDING AT BACHAHALLI VILLAGE, HANGALA HOBLI, GUNDLUPET TALUK, CHAMARAJANAGAR DITRICT – 570 008 ... APPELLANTS (BY SRI CHAKRAVARTHY T.S., ADVOCATE - ABSENT) And:
S.BASAVAIAH DEAD BY LRs.
1. MAHADEVAMMA WIFE OF LATE S.BASAVIAH, AGED ABOUT 73 YEARS, 2. SHIVABASAVAIAH SON OF LATE S. BASAVIAH, AGED ABOUT 50 YEARS, 3. B.BASARAJU SON OF LATE S. BASAVIAH, AGED ABOUT 38 YEARS, 4. SUSHILA SON OF LATE S. BASAVIAH, AGED ABOUT 37 YEARS, 5. SIDDARAJU SON OF LATE S. BASAVIAH, AGED ABOUT 36 YEARS, ALL ARE RESIDING AT BACHAHALLI VILLAGE, HANGALA HOBLI, GUNDLUPET TALUK, CHAMARAJANAGAR DITRICT – 570 008 ... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED: 15.02.2018 PASSED IN R.A.NO.201/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., GUNDLUPET, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED : 28.02.2017 PASSED IN O.S.No.74/2008 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC., GUNDLUPET.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellants. This Court on 26.09.2019 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.
Sd/- Judge KPS