IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD REGULAR SECOND APPEAL NO. 2431 OF 2017 (RES) BETWEEN:
SRI K LAXMANAN AGED ABOUT 54 YEARS, SON OF LATE K.LAKSHMANA R/AT PERUMBADI, ARJI VILLAGE, BETOLI POST, VIRAJPET NAD SOUTH KODAGU.
(SINCE DIED BY LR’S) 1. SHRI. H.L. BALAMURLI AGED ABOUT 34 YEARS SON OF LATE K. LAXMANAN.
2. SHRI. H.L.GIRI AGED ABOUT 28 YEARS SON OF LATE K.LAKSHMANA.
3. SMT.K.K.VIMALA AGED ABOUT 61 YEARS WIFE OF LATE K.LAKSHMANA ALL OF THEM R/AT PERUMBADI, ARJI VILLAGE, BETOLI POST, VIRAJPET NAD SOUTH KODAGU – 571 218.
... APPELLANTS (BY SMT. SHASHIKALA K. N., ADVOCATE (ABSNET)) AND:
SRI E. MATHEW SINCE DECEASED BY LR’S 1.(a) SRI.SUNNY MATHEW SON OF LATE MATHEW, AGED 36 YEARS.
1(b). SMT.BABY 1(c). SMT.GRACY 1(d). SMT. LUCY ALL OF THEM ARE DAUGHTER OF LATE MATHEW, MAJORS.
2. SMT.ANNAMMA MATHEW (SINCE DECEASED) ALL OF THEM ARE R/AT NEAR KACHERI KADAVU BRIDGE KOOTUPUZHA, CANNANORE DISTRICT, KERALA STATE.
... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 03.08.2017 PASSED IN R.A. NO. 08/2005 ON THE FILE OF THE SENIOR CIVIL JUDGE, VIRAJPET, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 25.02.2005 PASSED IN OS.NO. 294/1993 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC., VIRAJPET.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellants. This Court on 27.08.2019 had adjourned the appeal granting three weeks time for compliance with 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 peremptory 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.
nv Ct:sr SD/- JUDGE