IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Miscellaneous Second Appeal No. 34 OF 2013 Between:
1. SRI OBALESHI S/O MANDAKKIBATTY THIPPESWAMY AGED ABOUT 44 YEARS 2 . SRI T VEERESH S/O MANDAKKIBATTY THIPPESWAMY AGED ABOUT 42 YEARS 3. SMT RATHNAMMA W/O GOPALAPPA AGED ABOUT 58 YEARS ALL ARE RESIDING AT KORACHARAHATTY GANDHI NAGARA CHALLAKERE TOWN CHALLAKERE TALUK CHITRADURGA DISTRICT – 577 522.
… APPELLANTS (BY SRI OBALESHI, APPELLANT NO.1, SRI T. VEERESH, APPELALNT NO.2 AND SRI RATHNAMMA, APPELLANT NO.3 - ABSENT) AND:
1. S ABDUL JABBAR S/O RAJAK SAB AGED ABOUT 66 YEARS R/AT PAVAGADA ROAD CHALLAKERE TOWN CHITRADURGA DISTRICT – 577 522.
2. P GOPALAPPA S/O NOT KNOWN AGED ABOUT 62 YEARS OCC:FLOWER MERCHANT AND AGRICULTURIST GANDHI NAGAR CHALLAKERE TOWN ... RESPONDENTS (BY SRI A. MOHAMMED TAHIR, ADVOCATE FOR R.1;
NOTICE TO RESPONDENT NO.2 SERVED AND UNREPRESENTED) THIS MISCELLENEOUS SECOND APPEAL IS FILED UNDER SEC.100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 4.9.2012 PASSED IN R.A.NO.59/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHALLAKERE, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER PASSED ON IA NO.2 IN EXECUTION PETITON NO.22/2007 DT.14.7.2011 ON THE FILE OF THE CIVIL JUDGE AND JMFC, CHALLAKERE DIRECTING THE TRIAL COURT TO RESTORE THE EXEUCTION PETITON ON ITS ORIGINAL STAGE.
THIS MISCELLENEOUS SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment On 22.11.2016 the learned counsel on record for the appellants was permitted to retire from the case and Court notice was directed to be issued to the appellants. A Report from the office of the Senior Civil Judge and JMFC, Challakere, is put up for consideration, and in terms of this Report, the appellant Nos.1 and 2 are served personally on 5.12.2016. The appellant No.3 could not be served because it was reported that she died on 17.12.2014. Despite being served with the Court notice, the appellant Nos.1 and 2 have not taken any measure to see that they are represented nor to implead the legal representatives of the deceased appellant No.3. It is obvious from the above, they have not interested in prosecuting the appeal. As such, the appeal is dismissed for default.
Sd/- Judge SA Ct:sr