T M Somanna vs T M Poonacha
2021 Latest Caselaw 5426 Kant

                                                RSA 1654/2018
                                1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 3RD DAY OF DECEMBER, 2021

                            BEFORE

       THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                      R.S.A.No.1654/2018

BETWEEN:

T.M.Somanna
S/o T.K.Muthappa,
Aged 74 years,
Residing at Heravanadu village,
Madikeri taluk,
Kodagu district-571201.                     ... APPELLANT

(By Sri Udaya Shankar Rai.P, Adv.-Absent)

AND:

1.     T.M.Poonacha
       S/o T.K.Muthappa,
       Aged 77 years,
       R/at No.86, 3 HIG,
       I Hootagalli, Mysore-570001.

2.     T.M.Gopal
       S/o T.K.Muthappa,
       Aged 71 years,
       R/at No.191, 1st block layout,
       Vidyaranyapura,
       Bangalore - 560097.

3.     Gunavathi
       D/o T.K.Muthappa,
       W/o Madava,
       Aged 58 years, R/at Gowli street,
       Madikeri town & Tq.,
       Kodagu district-571201.              ... RESPONDENTS
                                                RSA 1654/2018
                               2


      This Regular Second Appeal is filed under Section 100 of
CPC against the judgment and decree dated 02.03.2018 passed
in RA No.35/2013 and RA No.1/2018 on the file of the I Addl.
District Judge, Kodagu, Madikeri allowing the appeal and
setting aside the judgment and decree dt:18.02.2013 passed in
OS.No.64/2006 on the file of the Senior Civil Judge, Madikeri.

      This appeal coming on for Dismissal, this day, the Court
delivered the following:

                         JUDGMENT

This Court on 06.11.2019 had granted three weeks

time to the learned Counsel for the appellant to comply

with the office objections, failing which, the appeal was

directed to be listed for dismissal.

The matter is called twice. There is no representation

on behalf of the appellant.

Having regard to the order dated 06.11.2019 passed

by the co-ordinate bench of this Court, this Court has no

other option but to dismiss the appeal for non-prosecution.

Accordingly, this appeal is dismissed for non-prosecution.

Sd/-

JUDGE

KK