IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 Before The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 2458 OF 2017 (PAR) Between:
SMT. SAROJA D/O LATE THIMMAIAH W/O SRINIVASA AGED ABOUT 43 YEARS RESIDING AT KOTHUR VILLAGE AND POST PONNAMPET, VIRAJPET TALUK KODAGU DISTRICT. ... APPELLANT (BY SRI. MAHESHKIRAN SHETTY, ADVOCATE (ABSENT)) AND:
1. SRI. SANNAIAH S/O PUTTAIAH AGED ABOUT 85 YEARS RESIDING AT KAMPLAPURA VILLAGE RAVANDURU HOBLI PERIYAPATNA TALUK.
2. SMT DEVIRAMMA W/O THIMMAIAH AGED ABOUOT 58 YEARS 3. SMT SHANTI D/O LATE THIMMAIAH AGED ABOUT 38 YEARS 4. SMT. LAKSHMI D/O THIMMAIAH AGED ABOUT 36 YEARS RESPONDENTS NO.2 TO 4 ARE RESIDING AT KAMPLAPURA VILLAGE RAVANDURU HOBLI PERIYAPATNA TALUK. ... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 R/W ORDER XLI RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 19.01.2017 PASSED IN R.A. NO.66/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 23.04.2015 PASSED IN O.S. NO.34/2009 ON THE FILE OF THE CIVIL JUDGE AND JMFC., PERIYAPATNA.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellant. This Court on 05.09.2019 had adjourned the appeal granting three weeks time for compliance of 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 BKP