IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD REGULAR SECOND APPEAL NO. 909 OF 2017 (RES) BETWEEN:
SMT HEMALATHA WIFE OF RAVINDRABABU REP BY HER GPA HOLDER SRI RAVINDRABABU, SON OF LATE RAMACHANDREGOWDA AGED ABOUT 53 YEARS R/AT SHOP NO 11, 4TH MAIN, 16TH CROSS, M/S SRI GOVINDARAJA MODALIYAR DHANABHAGYAMMAL MEMORIAL TRUST CHAMUNDIVANAM, MYSURU – 570 023.
... APPELLANT (BY SRI. JAGADEESH C M., ADVOCATE (ABSENT)) AND:
M/S SRI GOVINDARAJA MODALIYAR DHANABHAGYAMMAL MEMORIAL TRUST CHAMUNDIVANAM, MYSURU A RELIGIOUS AND CHARITABLE ISNTITUTION REP BY ITS TRUSTEES.
a. THE DEPUTY COMMISSIONER AND EX OFFICIO CHAIRMAN M/S GOVINDARAJA MODALIYAR DHANABHAGYAMMAL MEMORIAL TRUST CHAMUNDIVANAM, MYSURU.
b. SRI D. M. SATHYNARAYANASWAMY VICE PRESIDENT, SON OF MUNISWAMY MUDALIAR c. SRI D T SUBRAMANYA, SECRETARY AGED ABOUT 68 YEARS SON OF LATE D. G. THIRUVENGADA MUDALIAR.
d. SRI S. N. MURALIDHAR AGED ABOUT 55 YEARS SON OF LATE NATARAJ MUDALIAR.
e. SRI H. A. KRISHNAMURTHY RAO AGED ABOUT 69 YEARS TRUSTEE OF THE TRUST.
f. SRI D. T. GANESH AGED ABOTU 73 YEARS TRUSTEE OF THE ABOVE TRUST.
g. SRI N. NARENDRABABU AGED ABOUT 48 YEARS SON OF LATE N NATARAJA MUDALIAR, TRUSTEE OF THE ABOVE TRUST.
h. SRI K. PANDURANGA AGED ABOUT 53 YEARS SON OF LATE KANNAPPA TRUSTEE OF THE ABOVE TRUST.
i. SRI VIJAYA SHEKAR AGED ABOUT 51 YEARS SON OF LATE C. RAJASHEKAR TRUSTEE OF THE ABOVE TRUST.
j. SRI M. V. THYAGARAJU AGED ABOUT 54 YEARS SON OF LATE D. M. VENUGOPALA MUDALIAR TRUSTEE OF THE ABOVE TRUST.
k. SRI D. S. SHARAVANA AGED ABOUT 40 YEARS SON OF LATE D. K. SREENIVAS TRUSTEE OF THE ABOVE TRUST.
l. SRI N. SHIVAPRAKASH AGED ABOUT 46 YEARS SON OF P. L. NARASIMHA TRUSTEE OF THE ABOVE TRUST.
... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 09.12.2016 PASSED IN RA NO. 280/2016 (OLD RA 212/2013) ON THE FILE OF THE C/C I ADDL. DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 06.04.2013 PASSED IN OS NO. 1870/2010 ON THE FILE OF THE III ADDL. I CIVIL JUDGE, MUYSORE.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellant. This Court on 29.08.2019 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 nv Ct:sr