IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO REGULAR SECOND APPEAL No.41/2012 BETWEEN:
SMT.SUBHADRAMMA W/O NANJAPPA AGED ABOUT 56 YEARS R/A PATALAMMA EXTENSION MALUR TOWN – 563130 KOLAR DISTRICT.
AND:
..APPELLANT (BY SRI CHETAN DESAI, ADVOCATE (ABSENT)) 1. SRI MUNIYAPPA S/O MUNISHAMAPPA AGED ABOUT 52 YEARS R/A BOPPANAHALLI VILLAGE KASABA HOBLI, MALUR TQ-563130, KOLAR DIST. SINCE DEAD BY L.RS 1(A) SMT.JAYALAKSHMAMMA W/O LATE MUNIYAPPA AGED ABOUT 51 YEARS.
1(B) SRI B M RAGHU S/O LATE MUNIYAPPA AGED BOUT 30 YEARS.
BOTH ARE R/A BOPPANAHALLI VILLAGE KASABA HOBLI, MALUR TQ-563130, KOLAR DIST.
(AMENDED V/C/O DTD:6.4.2016) ...RESPONDENTS (BY SMT.SUKANYA H D, ADVOCATE FOR R1(A & B) (ABSENT)) *** THIS APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 11.8.2011 PASSED IN RA NO.27/2011 (OLD RA NO.51/2006) ON THE FILE OF SENIOR CIVIL JUDGE, MALUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 23.8.2005 PASSED IN OS NO.162/2001 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.), MALUR.
THIS APPEAL COMING ON THIS DAY FOR ORDERS, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT In this appeal, on 28.03.2019 the appellant was permitted to file necessary application within 12.04.2019 with preemptive clause that in case of failure the appeal shall stand dismissed.
2. The learned counsel for appellant has not chosen to comply with the aforesaid order. Hence, today this appeal is listed for ‘dismissal of the appeal’.
3. The learned counsel for appellant absent. No representation.
4. In the circumstances, the order dated 28.03.2019 prevail and the appeal shall stand dismissed.
Sd/- JUDGE VK.