IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 635 OF 2017 (MON) Between:
RIYAZ SON OF FAIROSE AHAMED, AGED ABOUT 34 YEARS, REPRESENTED BY HIS GPA HOLDER, K. MANSOOR AHAMAD AGED ABOUT 53 YEARS, SON OF LAE A. B. ABDUL KHALI BUSINESSMAN, R/AT ALUR POST, CHIKKAMAGALURE TALUK AND DISTRICT ... APPELLANT (BY SRI. SACHIN B. S., ADVOCATE (ABSENT)) And:
1. FEDERAL BANK LTD.
A COMPANY REGISTERED UNDER COMPANIES ACT OF 1956 HAVING ITS REGISTERED OFFICE AT ALWAYE, KERALA AND HAVING ITS BRANCH OFFICE AT THOGARIHANKAL CIRCLE CHIKMAGALURE CITY RERPESENTED BY ITS PRINCIPAL OFFICER CUM MANAGER AT ITS CHIKKMAGALORE BRANCH SIR RAJEEV V. C. – 577 101.
2. SMT JAYASHREE S WIFE OF LATE JAGANATH AGED ABOUT 48 YEARS.
3. KUM SANDHYA DAUGHTER OF LATE JAGANATH AGED ABOUT 25 YEARS.
4. MASTER SACHIN SON OF LATE JAGANATH AGED ABOUT 18 YEARS.
ALL ARE RESIDING AT DODDAIBEEDI, ALUR POST, CHIKKAMGALURE TALUK AND DISTRICT – 577 101.
5. SMT MARY MD WIFE OF P. P. VERGHESE AGED ABOUT 58 YEARS, R/AT NEAR KEB OFFICDE BALEHONNUR ROAD, ALDUR POST, CHIKKAMGALURE TALUK AND DISTRICT – 577 101.
... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC 1908, AGAINST THE JUDGEMENT AND DECREE DATED 13.12.2016 PASSED IN R.A. NO. 34/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & CJM., CHIKKAMAGALURU., DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 30.01.2016 PASSED IN OS. NO. 79/2008 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE & JMFC., CHIKKAMAGALURU.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellant. This Court on 31.07.2019 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