IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Miscellaneous Second Appeal No.106 of 2016 (RO) Between:
SRI MAHESHA AGED ABOUT 42 YEARS, SON OF KENCHEGOWDA, RESIDING AT KEMPAIAHANADODDI VILLAGE, HALAGUR HOBLI, MALAVALLI TALUK, MANDYA DISTRICT – 571 421 ... APPELLANT (BY SRI JAYARAMU S.K., ADVOCATE-ABSENT) And:
1. SRI REVANNA @ BABU AGED ABOUT 38 YEARS, SON OF S.BASAVARAJU, 2. SRI UMESHA AGED ABOUT 35 YEARS, SON OF S.BASAVARAJU, BOTH ARE RESIDENTS OF DUGGANAHALLI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 3. SRI BASAVARAJU AGED ABOUT 65 YEARS, SON OF REVAIAH @ SANNAPPA 4. SRI KENCHEGOWDA AGED ABOUT 70 YEARS, SON OF KEMPEGOWDA, (NAME KEMPEGOWDA BY MISTAKE STATED AS KENCHEGOWDA IN R.A. BY RESPONDENT Nos.1 & 2) 5. SRI K.S.SIDDALINGEGOWDA AGED ABOUT 62 YEARS, SON OF SIDDEGOWDA 6. SRI C.PUTTASWAMY AGED ABOUT 60 YEARS, SON OF CHOWDEGOWDA RESPONDENT Nos.3 TO 6 ARE RESIDING AT KEMPAIAHANADODDI VILLAGE, HALAGUR HOBLI, MALAVALLI TALUK, MANDYA DISTRICT -571 421 ... RESPONDENTS (BY SRIL.RAJA, ADVOCATE FOR R1 & R2-ABSENT; SRI S.B.HALLI, ADVOCATE FOR R3-ABSENT; NOTICE TO R4-R6-SERVED AND UNREPRESENTED) THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER ORDER XLIII RULE 1(U) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 06.04.2016 PASSED IN RA NO. 285/2010, ON THE FILE OF THE PRL. DISTRICT JUDGE, MANDYA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED: 07.04.2010 PASSED IN O.S.No.178/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., MALAVALLI REMANDING BACK TO THE TRAIL COURT WITH A DIRECTION TO DISPOSE OF THE SAME AFRESH IN ACCORDANCE WITH LAW.
THIS MISCELLANEOUS SECOND APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment This appeal was listed on 18.10.2019, and was adjourned to be listed today as none appeared for the appellant.
2. None appears for the appellant even today.
3. It is obvious that the concerned is not interested in prosecuting this miscellaneous second appeal. Therefore, this appeal is dismissed for default.
In view of the disposal of the appeal, I.A.No.1/2016 does not survive for consideration, and the same is accordingly disposed off.
Sd/- Judge KPS