IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN REGULAR SECOND APPEAL No.2230 of 2011 (INJ) BETWEEN 1. SRI CHANDRAIAH, S/O KUNAIAH, AGED ABOUT 45 YEARS, 2. SMT. CHIKKAMMA, W/O. KUNAIAH, AGED ABOUT 71 YEARS, BOTH ARE RESIDENTS OF GONISOMANAHALLI VILLAGE, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT – 572 102.
(BY SRI KEMPEGOWDA, ADVOCATE-absent) AND SRI EREGOWDA, S/O MALLEGOWDA, AGED ABOUT 48 YEARS, R/O. CHIKKABYADAGERE VILLAGE, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT – 572 102.
(BY SRI K.G. SADASHIVAIAH, ADVOCATE) ... APPELLANTS ... RESPONDENT THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 01.07.2011 PASSED IN R.A.No.15 of 2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, BELUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 26.08.2010 PASSED IN O.S.No.62 of 2006 ON THE FILE OF THE CIVIL JUDGE, BELUR.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER Learned counsel for the appellants remained absent even when the case is called for the second time at 3.40 p.m. today.
2. This Court, on 11.04.2019, passed a peremptory order granting time to file paper books on or before 05.06.2019 failing which, the appeal shall stand dismissed for non-prosecution. In spite of granting time till 05.06.2019 and even after lapse of five months from 05.06.2019, the appellants have not filed the paper book and also not chosen to appear before the Court when the matter is called. Hence, the appeal is dismissed for non-prosecution.
Sd/- JUDGE mv