IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN REGULAR SECOND APPEAL No.144/2013 (DEC/INJ) BETWEEN SRI SIDDARAMAIAH S/O SRI CHIKKALINGAIAH, AGED ABOUT 51 YEARS, R/AT NANDINI LAYOUT, JAYAMARUTHI NAGARA, BANGALORE – 560 086.
… APPELLANT (BY SMT. M.RAJESHWARI, ADV., FOR SRI R.B.SADASIVAPPA, ADV.) AND SRI V.L. DEVARAJ S/O SRI MALLE GOWDA, AGED ABOUT 59 YEARS, R/OF VODDARAHALLI VILLAGE, KYLANCHA HOBLI, RAMANAGARAM TALUK AND DISTRICT – 571 511.
(BY SRI N.SUBBA SHASTRY, ADV.) … RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 21.11.2012 PASSED IN R.A.No.97/2009 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M., RAMANAGARA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 11.06.2009 PASSED IN O.S.NO.69/2002 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC., RAMANAGARAM.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER This Court vide order dated 11.02.2019 passed peremptory order by granting two weeks’ time to file paper books, failing which, it will be treated as default on the part of learned counsel for the appellant.
2. The paper books have not been filed till date and the matter was admitted on 02.06.2016, in spite of granting two weeks’ time on 11.02.2019, the learned counsel for the appellant has not chosen to file paper books for the last ten months, despite passing the peremptory order and even no application is filed for recalling the order dated 11.02.2019 and also the appellant’s counsel also not chosen to file the paper books. Hence, the appeal is dismissed for non-filing of paper books as per the order dated 11.02.2019.
Sd/- JUDGE PB