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 REGULAR SECOND APPEAL NO. 757 OF 2017 (RES) BETWEEN:
SRI UMESH SON OF NATARAJ AGED ABOUT 38 YEARS M/S MAHAGANAPATHY TRADERS, AVALAKKI, VENKATAPPA ROAD, DEVARAJ MOHALLA, MYSURU.
... APPELLANT (BY SRI. NARENDRA D. V. GOWDA., ADVOCATE (ABSENT)) AND:
1. SRI. DUNGAR CHAND SON OF LATE SHIVARAJ AGED ABOUT 66 YEARS R/AT NO 113, PREMIER APARTMENTS, D SUBBAIAH ROAD, DEVARAJ MOHALLA, MYSURU.
2. SRI RAGHU SON OF VENKATARAMANA SHETTY AGED ABOUT 61 YEARS M/S SHANTHAMMA TRADERS R/AT NO 8, 2ND CROSS, AVALAKKI VENKATAPPA ROAD, DEVARAJ MOHALLA, MYSURU.
... RESPONDENTS (BY SRI. VAGEESHA N., ADVOCATE for R-1 (ABSENT)) THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.01.2017 PASSED IN REGUAL APPEAL NO.74/2014 (OLD NO. 222/2013) ON THE FILE THE C/C I ADDL DISTRICT JUDGE MYSURU, DISMISSING APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 24.06.2013 PASSED IN ORIGINAL SUIT NO. 955/2009 ON THE FILE OF THE C/C/ V ADDL. FIRST CIVIL JUDGE AND JMFC, MYSORE.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellant. This Court on 27.09.2019 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.
SD/- JUDGE nv Ct:sr