IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 87 of 2018 Between:
FAZALULLA H. S SON OF ISMAIL SAB AGED ABOUT 50 YEARS HALAGURU VILLAGE AND HOBLI MALAVALLI TALUK MANDYA DISTRICT.
... APPELLANT (BY SRI. SYED ABDUL SABOO., ADVOCATE (ABSENT)) And:
H. I. SHAMSUDDIN SON OF LATE ISMAIL SAB AGED ABOUT 75 YEARS RESIDENT OF HALAGURU VILLAGE AND HOBLI MALAVALLI TALUK MANDYA DISTRICT.
... RESPONDENT THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE SENIOR CIVIL JUDGE, AT MALLAVALLI IN RA 12/16 DATED 10.08.2017 AND THE JUDGMENT AND DECREE PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE & JMFC AT MALLAVALLI IN OS 191/12 DATED 06.12.2012.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellant. This Court on 11.09.2019 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