IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD REGULAR SECOND APPEAL NO. 654 OF 2018 (INJ) BETWEEN:
1. MRS. LEENA D SOUZA WIFE OF ABRAHAM D SOUZA, AGED ABOUT 49 YEARS, RESIDING AT "SANKESH HOUSE", KINYA VILLAGE AND POST, MANGALURU TALUK.
2. MR. ABRAHAM D SOUZA SON OF BENEDICTA D SOUZA, AGED ABOUT 54 YEARS, RESIDING AT "SANKESH HOUSE", KINYA VILLAGE AND POST, MANGALURU TALUK.
(BY SRI. GIRIDHAR. H., ADVOCATE (ABSENT)) AND:
1. MR. THIMOTHI D SOUZA AGED ABOUT 57 YEARS, SON OF FELIX D SOUZA, RESIDING AT "SANKESH HOUSE", KINYA VILLAGE AND POST, MANGALURU TALUK.
... APPELLANTS 2. MR. PATRIC D SOUZA AGED ABOUT 46 YEARS, SON OF FELIX D SOUZA, RESIDING AT "SANKESH HOUSE", KINYA VILLAGE AND POST, MANGALURU TALUK.
3. MR. JOSEPH D SOUZA AGED ABOUT 56 YEARS, SON OF FRANCIS D SOUZA, RESIDING AT "SANKESH HOUSE", KINYA VILLAGE AND POST, MANGALURU TALUK.
4. MR. THARSIS D SOUZA AGED ABOUT 54 YEARS, SON OF FRANCIS D SOUZA, RESIDING AT "SANKESH HOUSE", KINYA VILLAGE AND POST, MANGALURU TALUK.
5. MR. WALTER D SOUZA AGED ABOUT 53 YEARS, SON OF BAPTIST D SOUZA, RESIDING AT "SANKESH HOUSE", KINYA VILLAGE AND POST, MANGALURU TALUK.
6. MR. WALTER D SOUZA AGED ABOUT 53 YEARS, SON OF BAPTIST D SOUZA, RESIDING AT "SANKESH HOUSE", KINYA VILLAGE AND POST, MANGALURU TALUK.
... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE & CJM AT MANGALURU IN R.A. NO. 205/2015 DATED 02.11.2017 AND THE JUDGMENT AND DECREE PASSED BY THE LEARNED III ADDL. CIVIL JUDGE & JMFC AT MANGALURU DATED 06.08.2015 IN O.S. NO. 141/2012.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellants. This Court on 25.09.2019 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.
nv Ct:sr SD/- JUDGE