IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 1468 OF 2017 Between:
T.S. SUDARSHAN SON OF LATE T.M. SIDDAMARIYAPPA AGED ABOUT 55 YEARS RESIDENT OF NMC 5TH CROSS, RIGH SIDE OLD TOWN, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT – 577301.
(BY SRI.S.N. BHAT., ADVOCATE (ABSENT)) And:
1. G. CHOKKALINGAM SINCE DEAD BY LRS’ 2. DHANALAKSHMI WIFE OF VIJAYAKUMAR AGED ABOUT 43 YEARS RESIDENT OF SHIVASHAKTHI NILAYA SHIVAJI CIRCLE HOSMANE, BHADRAVATHI SHIVAMOGGA DISTRICT – 577 301.
3. BHAVANI DEVI WIFE OF L. CHANDRA AGED ABOUT 48 YEARS RESIDENT OF ARAVINDA VILAYA 1ST CROSS, NEAR GANAPATHI TMEPLE CHINNAPPA GARDEN BENGALURU.
... APPELLANT 4. SHANTHA SON OF R. SAMPATH AGED ABOUT 56 YEARS R/AT BEHIND JYOTHI STORE ANNANORU (P), AVARI THIRUVALLAVAR (DISTRICT) TAMILNADU.
5. G. KUMARESHAN SON OF C. CHOKKALINGAM AGED ABOUT 53 YEARS RESIDENT OF 4TH CROSS SHUBHASHNAGAR BHADRAVATHI TALUK SHIVAMOGGA DISTRICT – 577 301.
... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.03.2017 PASSED IN R.A. NO. 29/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC BHADRAVATHI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 20.01.2014 PASSED IN O.S. NO. 286/2010 ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC AT BHADRAVATHI.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellant. This Court on 02.08.2019 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 preemptory 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 SA Ct:sr