IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2016 BEFORE THE HON’BLE MR. JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.1879/2013 BETWEEN:
SMT. VIJAYA W/O. NAGENDRA ALIAS ANANDA AGED ABOUT 38 YEARS AMACHAVADI HARADANAHALLI HOBLI CHAMARAJANAGAR TALUK CHAMARAJANAGAR DISTRICT.
(BY SRI M.S. PURUSHOTHAMA RAO, ADV.) AND:
1. SMT. SAROJAMMA W/O. NANJUNDAPPA AGED ABOUT 66 YEARS KONANUR VILLAGE KOWLANDE HOBLI NANJANGUD TALUK – 571 312.
2. SMT. SHOBHA D/O. SAROJAMMA AGED ABOUT 30 YEARS KONANUR VILLAGE KOWLANDE HOBLI NANJANGUD – 571 312.
... APPELLANT ... RESPONDENTS THIS RSA IS FILED UNDER S.100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED 01.10.2011 PASSED IN R.A.NO.1037/2010 ON THE FILE OF THE V ADDL. DISTRICT & SESSIONS JUDGE, MYSORE, PARTLY ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 07.09.2010 PASSED IN O.S.NO.208/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE, NANJANGUD.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Despite imposition of cost of `1,000/- on 21.01.2015 and time granted, there being non compliance, finally, two weeks’ time was granted on 17.07.2015. Though more than 9 months have elapsed from 17.07.2015, there is non compliance and learned counsel again seeks time.
I do not find justification to grant further time. Appeal is dismissed for non-prosecution.
Sd/- JUDGE sac*