IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD REGULAR SECOND APPEAL NO. 2438 OF 2017 (SP) BETWEEN:
MAHABOOB SAB SON OF USMAN SAB Aged about 56 years RESIDENT OF DONABAGATTA VILLAGE BHADRAVATHI TALUK SHIMOGA DISTRICT.
... APPELLANT (BY SRI. GANESHA R., ADVOCATE (ABSENT)) AND:
1. SMT. MAMTAZ WIFE OF LATE USMAN SAB AGED ABOUT 73 YEARS.
2. IRSHAD SON OF LATE USMAN SAB AGED ABOUT 34 YEARS.
3. IRFAN SON OF LATE USMAN SAB AGED ABOUT 32 YEARS.
4. IMRAN SON OF LATE USMAN SAB AGED ABOUT 27 YEARS.
5. SMT SHAHEENA WIFE OF LATE RAFEEQ AGED ABOUT 25 YEARS.
ALL ARE RESIDENT OF DONABAGATTA VILLAGE BHADRAVATHI TALUK SHIMOGA DISTRICT.
... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.07.2017 PASSED IN RA NO. 27/2014 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI, DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 16.01.2014 PASSED IN OS NO.57/2012 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, BHADRAVATHI.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellant. This Court on 27.08.2019 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