IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 111 OF 2018 Between:
1. MONTA MOOLYA SON OF LOKU MOOLYA AGED ABOUT 70 YEARS, RESIDENT OF KELAGINA PADTHARE GARGADY VILLAGE PANJINADAI POST BELTHANGADY TALUK, D. K. DISTRICT.
2. KRISHNAPPA AGED ABOUT 62 YEARS, SON OF LOKU MOOLYA RESIDENT OF KELAGINA PADTHARE GARGADY VILLAGE PANJINADAI POST BELTHANGADY TALUK D. K. DISTRICT.
... APPELLANTS (BY SRI. K RAVISHANKAR., ADVOCATE (ABSENT)) And:
1. SUNDARI AGED ABOUT 53 YEARS, DAUGHTER OF LOKU MOOLYA WIFE OF AITHAPPA MOOLYA RESIDENT OF DARKAS KUNDADABETTU GARGADY VILLAGE BELTHANGADY TALUK D. K. DISTRICT.
2. GIRIJA AGED ABOUT 54 YEARS, DAUGHTER OF LATE SEETHU WIFE OF LOKAYYA MOOLYA, MUDIPU, BANTWAL TALUK D. K. DISTRICT.
3. SMT. APPI AGED ABOUT 64 YEARS DAUGHTER OF LOKU MOOLYA WIFE OF ANNU MOOLYA RESIDENT OF AMEYIPALKE NITTADE VILLAGE KUKEEDY POST BELTHANGADY TALUK D. K. DISTRICT.
4. SANJEEVA AGED ABOUT 59 YEARS SON OF LOKU MOOLYA RESIDENT OF KELAGINA PADTHARE GARGADY VILLAGE PANJINADAI POST BELTHANGADY TALUK D. K. DISTRICT.
... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.09.2017 PASSED IN R.A. No. 17/2010 ON THE FILE OF THE PRINCIPAL SENION CIVIL JUDGE AND JMFC., BELTHANGADY, D.K., PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.12.2009 PASSED IN OS. NO. 53/2003 ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC., BELTHANGADY, D.K.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellants. This Court on 13.09.2019 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 preemptory 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 SA Ct:sr