In The High Court Of Karnataka At Bengaluru DATED THIS THE 05TH DAY OF NOVEMBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 112 OF 2018 (PAR) Between:
1. DUGAMMA WIFE OF LATE KUNDA GOWDA (SINCE DEAD BY LRS) 1(a). ELLAPPA GOWDA SON OF LATE KUNDA GOWDA R/AT MALTHOTTU HOUSE MITTABAGILU VILLAGE BELTHANGADY TALUK D.K.DISTRICT.
... APPELLANT (BY SRI. RAJARAMA SOORYAMBAIL., ADVOCATE) And:
1. DEJAPPA GOWDA SON OF LATE KUNDA GOWDA AGED 68 YEARS R/O KORUGEKKU HOUSE KALMANJA VILLAGE BELTHANGADY TALUK, D.D.DISTRICT.
2 . OBAYYA GOWDA SON OF LATE KUNDA GOWDA R/AT MALTHOTTU HOUSE, MITTABAGILU VILLAGE BELTHANGADY TLAUK, D.K.DISTRICT.
... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC. PRAYING TO SET ASIDE THE ORDER DATED 02.11.2017 PASSED BY THE SENIOR CIVIL JUDGE AT, BELTHANGADY IN R.A. NO. 26/2011 AND SET ASIDE THE JUDGMENT AND DECREE DATED 26.02.2010 PASSED BY ADDL. CIVIL JUDGE (JR.DN) BELTHANGADY IN O.S. NO. 124/2006 SO FAR AS THE RELIEF OF PARITITION IS RESPECT OF SUIT A SCHEDULE PROPERTY IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellant. This Court on 13.09.2019 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 preemptory 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 SA Ct:sr