IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08th DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD REGULAR SECOND APPEAL No.1578 OF 2015 BETWEEN:
1. DR. S.CHANDRASHEKAR S/O M.SADASHIVAIAH, AGED ABOUT 54 YEARS, OLD ADDRESS: ASST. DIRECTOR, VETERINARY DOCTOR, SERVICE CENTER, HEBBAL, BANGALORE-560 024.
NEW ADDRESS:
C/O SRI GANGAPPA, NO.477, 2ND FLOOR, 3RD MAIN, 3RD ‘C’ CROSS, RAJARAJESHWARI LAYOUT, NAGADEVANAHALLI, BANGALORE-560 056.
2. SRI S.KRISHNAKUMAR S/O SRI M.SADASHIVAIAH, AGED ABOUT 51 YEARS, 3. SRI S.RAMESHA S/O SRI M.SADASHIVAIAH, AGED ABOUT 48 YEARS, 2 & 3 ARE R/O PALAHALLY VILLAGE, BELAGOLA HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 401.
... APPELLANTS (BY SRI G.S.BALAGANGADHAR, ADVOCATE) AND:
1. SRI M.SADASHIVAIAH S/O DODDAHATTI MARIYAPPA, AGED ABOUT 84 YEARS, R/O PALAHALLY VILLAGE, BELAGOLA HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 401.
2. SMT.S. KALPANA W/O S. RAJESH, AGED ABOUT 42 YEARS, R/O NO.459, 5TH MAIN, 13TH CROSS, T.K.LAYOUT, IV STAGE, MYSORE-570 001.
... RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED: 26.03.2015 PASSED IN RA.NO.5028/2014 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA SITTING AT SRIRANGAPATNA, ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED: 29.03.2014 PASSED IN OS.NO.45/2010 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC., SRIRANGAPATTANA.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel for the appellants submits that he was initially instructed that the parties to the proceedings, who are father and son, have settled the dispute. However, definite instructions are not received. Therefore, office objections have not been complied with.
2. These submissions would not justify granting further extension. The office objections have to be complied within the time granted by this Court on 28.02.2019 and that having not been done, it is obvious that the parties are not interested in prosecuting the matter. Therefore, appeal is dismissed.
SD/- JUDGE PB