IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 22ND DAY OF JULY 2014 BEFORE THE HON’BLE Dr. JUSTICE JAWAD RAHIM REGULAR SECOND APPEAL NO.137 OF 2012 BETWEEN:
M.B.BORAIAH AGED 69 YEARS S/O LATE C.M.CHIKKABORAIAH R/O SHANKRANAGRA MANDYA CITY … APPELLANT (BY SRI.H.B.CHANDRASHEKHAR, ADV.,) AND:
1. SHIVANNA S/O NINGEGOWDA AGED ABOUT 53 YEARS 2. JAGADEESHA S/O SHIVANNA AGED ABOUT 38 YEARS 3. BORAIAH S/O SHIVANNA AGED ABOUT 35 YEARS 4. BORAMMA W/O HALINGA THAYAMMANA RAMANNA AGED ABOUT 65 YEARS 5. BORAIAH S/O LATE CHIKKABORAIAH AGED ABOUT 60 YEARS 6. DHANANJAIAH @ PUTTALINGAIAH S/O YAPANI KULLEGOWDA AGED ABOUT 60 YEARS ALL ARE R/O CHIKKAMANDYA VILLAGE KASBA HOBLI, MANDYA TALUK MANDYA DISTRICT – 571 401.
…RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 22.10.2011 PASSED IN R.A.NO.125/2008 ON THE FILE OF THE PRL. DISTRICT JUDGE, MANDYA, ALLOWING THE APPEAL FILED AGIANST THE JUDGMENT AND DECREE DATED 23.06.2003 PASSED IN O.S.NO.90/1997 ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN.) & JMFC., MANDYA.
THIS R.S.A COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING J U D G M E N T This appeal has remained at the initial stage for compliance of office objections. Noticing inaction on the part of the learned counsel, a peremptory order was passed on 11.07.2012 giving six weeks time to comply with the office objections, failing which, the appeal was to be dismissed. Despite the peremptory order, no steps were taken. Consequently, the appeal was dismissed on 11.03.2014. Later, at the request of the appellant’s counsel that order was rejected on 27.03.2014 on cots of Rs.1,000/- giving one more weeks time to comply with the office objections. From that date till now, office objections are not complied.
Learned counsel for the appellant seeks time on the ground that he has applied to the trial Court to get the decree copy amended, but there is no explanation as to why more than two years time is taken to do the needful.
In the circumstances, appeal is dismissed for non- prosecution.
Sd/- JUDGE SS