IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2017 BEFORE THE HON’BLE MRS. JUSTICE K.S. MUDAGAL R.S.A. NO. 1058/2013 (Partition) BETWEEN:
Sathyanarayana S.D S/o Diwakara S.P Aged about 45 years, Monica Electronics, R/o Ashoka Road, Sagar Town, Shimoga District. ...Appellant (By Sri.S.N.Sameer, Sri.S.Nagappa and Sri.J.Arun, Advocates) AND:
1. Smt.Jayamma W/o Late Diwakara S.P Aged about 62 years, A.N.M, Government Hospital, Sagar, Shimoga District.
2. Smt.Chandrika W/o Lingappa Aged about 43 years, D/o Diwakara S.P 3. Suma D/o Diwakara S.P. Aged about 27 years, Sagar Town, Shimoga District.
Respondents No.2 and 3 are R/at And C/O Smt.Jayamma Wife of Diwakara, A.N.M. Government Hospital, Sagar Town, Shimoga District.
4. Shashikala Aged about 50 years, 5. Nirmala D/o Shashikala Aged 36 years, 6. Shoba D/o Shashikala Aged 34 years, 7. Raghavendra S/o Shashikala Aged about 29 years, Respondents No.4 to 6 are Residing together Opp : Gas Godown, S.N.Nagara, Sagar Town, Shimoga District. …Respondents (By Sri.Bimbadhar M.Gowdar, Advocate for C/R1, CP No.284/13; Sri.S.V.Prakash, Advocate for R1 to R3; Sri.B.Balakshappa, Advocate for R4 to R7).
This RFA is filed under Section 100 of CPC against the judgment and decree dated 05.04.2013 passed in R.A.No.157/2011 on the file of Presiding Officer, Fast Track Court, Sagar partly allowing the appeal and modifying the judgment and decree dated 22.03.2010 passed in O.S.No.48/2005 on the file of Senior Civil Judge, Sagar.
This R.F.A. is coming on for final admission this day, the Court delivered the following:
JUDGMENT None appears for the appellant till 11:45 a.m. Learned counsel for the respondents opposes the adjournment contending that the appellant did not turn up despite listing the matter repeatedly.
The suit is of the year 2005. The appellant has suffered the concurrent finding of the Courts below. It appears that the appellant is not interested in prosecuting the appeal. Therefore, the appeal is dismissed for non prosecution.
Sd/- JUDGE PN/-