IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON' BLE MR. JUSTICE N.K. SUDHINDRARAO REGULAR SECOND APPEAL No.1149/2012 BETWEEN:
K P APPANNA S/O PONNAPPA AGED ABOUT 65 YEARS R/A 99 NANJAPPA LAYOUT VIDYARANYAPURA BANGALORE-97. ... APPELLANT (BY SRI. A LOURDU MARIYAPPA, ADV.-ABSENT) AND:
1. D P VASUDEVA (SINCE DEAD BY LEGAL REPRESENTATIVE OF RESPONDENT No.1) R-1(a) SRI JAGADEESH AGED ABOUT 40 YEARS S/O. LATE D.P. VASUDEVA R/AT BLOCK NO-9 CONVENT ROAD, MADEKERI KODAGU DIST-571 210.
2. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDAN SOUDHA DR. AMBEDKAR VEEDHI BANGALORE-01.
3. THE DEPUTY COMMISSIONER MADIKERI KODAGU DIST-571 210.
4. THE CHIEF OFFICER C.M.C, MUNICIPALITY, MADIKERI AT PRESENT DESIGNATED AS THE COMMISSIONER CITY MUNICIPALITY MADIKERI, KODAGU DIST-571 210 ... RESPONDENTS (BY SRI.B S BASAVARAJU, ADV. FOR R1 SMT. K.S. ANASUYADEVI, ADV. FOR R4 R1(A), R2 & 3 ARE SERVED AND UNREPRESENTED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.10.2011 PASSED IN R.A.NO.47/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.07.2007 PASSED IN O.S.NO.39/1998 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) MADIKERI AND TRIAL COURT PARTLY DECREED THE SUIT, APPELLATE COURT DISMISSED THE APPEAL. THE SUIT FOR DECLARATION, PERMANENT INJUNCTION AND MANDATORY INJUNCTION.
THIS REGULAR SECOND APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant is absent. No representation. Hence, the appeal is dismissed for non-prosecution.
Sd/- JUDGE NG* Ct:bms