IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.43/2015 BETWEEN:
SRI K. KALASEGOWDA S/O. LATE KALASEGOWDA AGED ABOUT 50 YEARS R/AT KESTHURUKOPPALU CHUNCHANAKATTE HOBLI K.R. NAGAR TALUK MYSORE DISTRICT – 571 602 ...APPELLANT (BY SRI RAMESH K.R., ADVOCATE [ABSENT]) AND:
SRI NAGEGOWDA S/O. LATE KALASEGOWDA AGED ABOUT 50 YEARS R/AT KESTHURUKOPPALU CHUNCHANAKATTE HOBLI K.R. NAGAR TALUK MYSORE DISTRICT – 571 602 ...RESPONDENT (BY SRI SAMPATH BAPAT, ADVOCATE) THIS RSA IS FILED UNDER SEC.100 CPC AGAINST THE JUDGMENT AND DECREE DATED 05.03.2013 PASSED IN R.A.NO.20/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, K.R.NAGAR AND CONFIRMING THE JUDGMENT AND DECREE DATED 04.07.2012 PASSED IN O.S.NO.122/2009 ON THE FILE THE CIVIL JUDGE & JMFC., K.R.NAGARA.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T No representation for the appellant till 1.15 p.m.
2. On 19.02.2019 it was found that the affidavit filed in support of I.A.No.1/2015 for condonation of delay was not satisfactory. At request of learned counsel for the appellant, this Court granted time on payment of cost of Rs.500/-, to file better affidavit. The order regarding payment of cost and filing of better affidavit are not complied with.
3. Having regard to the facts and circumstances of the case, I.A.No.1/2015 is dismissed for non- compliance. Consequently, the appeal stands dismissed. In view of dismissal of the appeal, I.A.No.2/2015 does not survive for consideration. Hence, the same also stands dismissed.
Sd/- JUDGE S*