IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No.1313 OF 2017 Between:
SABJAN SAHEB S/O BUDON SAHEB AGED 69 YEARS R/O BALILA HOUSE BALILA VILLAGE & POST SULLIA TALUK D.K DISTRICT-574212.
... APPELLANT (BY SRI K.RAVISHANKAR, ADVOCATE-ABSENT) And:
MOIDU KUNHI S/O ABDUL BYARI AGED 70 YEARS R/O KALANJA HOUSE KALANJA VILLAGE & POST SULLIA TALUK D.K DISTRICT-574212. ...RESPONDENT THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 13.04.2017 PASSED IN RA NO.1/16 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC SULLIA DK DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.06.2015 PASSED IN OS NO.41/2013 ON THE FILE OF THE CIVIL JUDGE JMFC, SULLIA, DK AND ETC., THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellant. This Court on 30.08.2019 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 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 GH