IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY REGULAR FIRST APPEAL No.1754 OF 2016 BETWEEN:
Smt. Susheela Appaji W/o. late.S.M. Appaji Aged about 58 years R/at No:29/41, 15th Main Road 13th Cross, Banashankari 2nd Stage Padmanabhanagar Bengaluru – 560 070.
(By Sri Muralidhar S.R., Advocate - Absent) AND:
Shri.Narayana S/o late.Venkateshiah Aged about 52 years R/at No:2101, 12th Cross Mangalavarapete Channapatna Ramanagara District.
.. APPELLANT .. RESPONDENT This Regular First Appeal is filed under Order XLI Rule 1 of CPC against the judgment and decree dated 16.07.2016 passed in O.S. No.3566/2009, on the file of the II Addl. City Civil Judge, Bengaluru City, decreeing the suit for recovery of money.
This Regular First Appeal coming on for Orders this day, the Court made the following:
ORDER Called again.
Learned counsel for the appellant absent.
A perusal of the order sheet would go to show that in this appeal of the year 2016, in spite of granting several and sufficient opportunities not less than five times, the appellant has not complied the office objections. On 10.10.2019, this Court had made the following observation:
“None appear.
As finally, a week’s time is granted making it clear that non compliance of office objections within the said time may lead this Court to pass appropriate order including the dismissal of the appeal for non compliance.”
In spite of the above, the counsel for the appellant is absent today. Neither the office objections are complied with nor any submission is made regarding non compliance of office objections. As such, it has to be inferred that the appellant is not evincing any interest in complying the office objections and also in prosecuting the appeal.
As such, the appeal stands dismissed for non compliance of office objections and also for non prosecution.
Sd/- JUDGE sac*