Shri B V Laxmana vs Shri B V Vijaya Kumar
2021 Latest Caselaw 5611 Kant

                                              RSA.31/2010
                            1
     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 6TH DAY OF DECEMBER, 2021

                          BEFORE

     THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

         REGULAR SECOND APPEAL NO.31/2010

BETWEEN:

SHRI B. V. LAXMANA
S/O LATE VENKATAPPA,
AGED ABOUT 48 YEARS,
R/AT BOIKERI VILLAGE,
IBNIVALAVADI POST,
MADIKERI TALUK,
KODAGU DISTRICT -571201.               ... APPELLANT

(BY SRI M.C.RAVIKUMAR, ADV.-ABSENT)

AND:

1.     SHRI B. V. VIJAYA KUMAR
       S/O LATE VENKATAPPA,
       AGE ABOUT 54 YEARS,
       R/AT KARNANGERI VILLAGE,
       MAKKANDUR POST,
       MADIKERI TALUK,
       KODAGU DISTRICT-571201.

2.     THE TAHSILDAR,
       MADIKERI TALUK,
       KODAGU DISTRICT,
       MADIKERI-571201.                ... RESPONDENTS

(BY SRI C.R.GOPALASWAMY, ADV. FOR R1 (NOC);
    SMT. H.R.ANITHA, HCGP FOR R2)

     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE
DATED 21.10.2009 PASSED IN R.A.3/2006 ON THE FILE OF
THE CIVIL JUDGE, (SR. DN.), MADIKERI, ALLOWING THE
APPEAL   SETTING   ASIDE  JUDGEMENT    AND   DECREE
                                                   RSA.31/2010
                             2
DATED12.12.2005 PASSED IN O.S.188/2000 ON THE FILE OF
THE PRL. CIVIL JUDGE (JR. DN.), MADIKERI.

     THIS APPEAL COMING ON FOR DISMISSAL,         THIS   DAY,
THE COURT DELIVERED THE FOLLOWING:


                      JUDGMENT

This Court on 26.10.2021 had finally granted a

weeks' time to file the paper books, failing which the

appeal was directed to be listed for dismissal.

2. Today, though the matter is called twice, there

is no representation on behalf of the appellant and the

paper books have not been filed within the time granted

by this court on 26.10.2021. Therefore, having regard

to the order dated 26.10.2021, this Court has no other

option but to dismiss the appeal for non-prosecution.

Accordingly, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

KNM/-