IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO.1576 OF 2016 Between:
Sri R. Hanumantharayappa, S/o. Rangahanumaiah, Aged about 35 years, Residing at No.5, 13th Cross, Hegganahalli Main Road, Near Sushruthi Co-operative Bank, Vishwaneedam Post, Bengaluru – 560 091. …Appellant (By Sri T. Kodandarama, Advocate - absent) And:
1. Smt. Manjula, D/o. late Subramani @ Kannappa, Aged about 36 years, Residing at No.1326, 7th Cross, Srirampuram, Bengaluru – 560 021.
2. Smt. Shanthamma, D/o. Jayamma, Aged about 35 years, Residing at No.79/5, Hegganahalli Village, Yeshwanthapura Hobli, Bengaluru – 560 021. …Respondents This Regular First Appeal is filed under Order 41 Rule 1 R/w Section 96 of CPC, 1999 against the order dated 24.06.2016 passed on I.A.No.V in Ex.No.811/2014 on the file of the XIV Addl. City Civil Judge, Bengaluru, dismissing the I.A.No.V filed under Order 21 Rule 97 R/w Rules 98, 100, 101 R/w 151 of CPC, seeking the objector to be permitted to contest the case regarding issuance of delivery warrant of the suit schedule property.
This Regular First Appeal coming on for Final Hearing, this day, the Court made the following:
ORDER Respondents’ counsel is present. Today also appellant’s counsel is absent. On 14.01.2019, it was made clear that final chance was given to the appellant’s counsel to appear and argue. Since there is no representation, appeal is dismissed for non-prosecution.
Office to send back the trial Court records.
Sd/- JUDGE PN/-