IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY BETWEEN:
M.D.Gopal R.F.A.No.1787 OF 2006 S/o. Deve Gowda, Proprietor, M.D.Agro Agencies, Mudigere Town, Resident of ‘Shanthi Nilaya’, Vidyanagar Extension, Mudigere Town, Chikamagalur Taluk-577 101.
(By Sri. B.Janardhana Rao, Advocate) AND:
A.R.Krishne Gowda S/o. Rudre Gowda, Aged about 45 years, Resident of Aladagudde, Vasthare Post, Chikmagalur Taluk-577 101.
(By Sri. M.H.Prakash and Sri. I.S.Promod Chandra, Advocates) …Appellant …Respondent **** This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated:20.06.2006 passed in O.S.No.224/2001 on the file of the Civil Judge(Sr.Dn.), Chikmagalur, decreeing the suit for recovery of money.
This Regular First Appeal coming on for Orders, this day, the Court made the following:
O R D E R Called again in the afternoon.
Learned counsel for the appellant absent.
2. A perusal of the order sheet would go to show that inspite of granting several and sufficient opportunity, even as finally also, the appellant has not filed the paper book. The appeal is of the year 2006, as such, it is one among the very old appeals pending before this Court. The Original Suit is of the year 2001. The matter being such an old matter, the appellant who was required to file the paper book well in time has not filed the same inspite of granting opportunities, even as finally on 05-07-2019.
3. Today, when the matter was taken up in two rounds, learned counsel for the appellant has remained absent. As such, no reason is forthcoming for granting further more time. Hence, it has to be inferred that the appellant is not evincing any interest in prosecuting the appeal. Accordingly, the appeal stands dismissed for non-filing of paper book and non- prosecution.
Sd/- JUDGE BMV*