IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.687 OF 2012 BETWEEN:
Sri. Hanumantha Gudi S/o. Ramacharya Gudi, Aged about 55 years, Advocate Kondawada Galli, Gudi one, Haveri. …Appellant (By Sri. Shyam Koundinya A.S. Advocate) AND:
Sri. Bindu Madhava Gudi Since deceased by his Lrs.
1. (A) Smt. Sudha W/o. Late Bindu Madhava Gudi, Aged about 74 years.
1. (B) Sri. Ananda Thirtha S/o. Late Bindu Madhava Gudi, Aged about 49 years.
1. (C) Smt. Shreedevi @ Laxmi W/o. Sri. Gururaja Naganoor D/o. Late Bindu Madhava Gudi. Aged about 48 years.
1. (D) Sri. Govinda S/o. Late Bindu Madhava Gudi, Aged about 45 years.
All 1 (A) to (D) R/a H.No.370, 7th Cross, 2nd Main, 1st Phase, Srinivasa Nagar, Bangalore-560 050.
…Respondents (By Sri. M.Madhvachar, Advocate for R1(A to D) This Regular First Appeal is filed under Section 96 of CPC, against the judgment and decree dated:20.9.2011 passed in O.S.No.757/2005 on the file of the XXXIII Addl. City Civil Judge, Bangalore City, partly decreeing the suit for recovery of money.
This Regular First Appeal coming on for Orders, this day, the Court delivered the following:
ORDER Called again.
None appear in this matter.
2. A perusal of the order sheet would go to show that in this appeal of the year 2012, till date, the appellant has not filed the paper book. The appeal was admitted as long back in the year 2013. As such, the appellant has sufficient time to file the paper book.
3. On 3.1.2019, even in the absence of learned counsel for the appellant, this Court granted four weeks time to the appellant to file paper book. Despite which, he did not file the paper book. Thereafter, after a gap of more than seven months, the matter was listed again on 7.8.2019. On the said day also, there was no representation from either side in the matter. Still, the Court granted two more weeks time to file the paper book, making it clear that, that was a final opportunity and non-filing of the paper book within the said period would lead this Court to pass appropriate order, including the dismissal of the appeal for non-filing of the paper book and non-prosecution.
4. Despite the above observation, the appellant has not evinced any interest in filing the paper book or at least, appearing in the matter and showing the cause for the delay in filing the paper book. As such, it is clear that the appellant is not interested in prosecuting the matter and also has not filed the paper book.
As such, the Appeal stands dismissed for non-filing of the paper book and non-prosecution.
Sd/- JUDGE bk/