Sri Gullappa vs Abbaiah
2021 Latest Caselaw 5696 Kant

                                           RSA.2109/2010
                             1
     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 7TH DAY OF DECEMBER, 2021

                          BEFORE

       THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

          REGULAR SECOND APPEAL NO.2109/2010

BETWEEN:

SRI GULLAPPA
S/O LATE DODDAMUNIYAPPA,
AGED ABOUT 65 YEARS,
R/AT RAMAGONDANAHALLI,
VARTHUR HOBLI,
BANGALORE RURAL DISTRICT,
BANGALORE-560087.                     ... APPELLANT

(BY SRI T.S.SRINIVAS., ADV.-ABSENT)

AND:

1.       ABBAIAH
         S/O LATE MUNIVENKATAPPA,
         AGED ABOUT 65 YEARS,

2.       SRI. MUNISWAMAIAH
         S/O LATE MUNIVENKATAPPA,
         SINCE DECEASED BY HIS LRS,

2(A)     GOPALA

2(B)     LAKSHMANA

2(C)     KRISHNA AND

2(D)     SUBBA
         ALL ARE MAJORS,
         S/O LATE MUNIVENKATAPPA,

3.       VENKATASWAMY
         S/O LATE DODDAMUNIYAPPA,

4.       SMT. PUTTAMMA
                                               RSA.2109/2010
                            2
     W/O LATE MUNIYAPPA,

5.   SRI. VENKATARAMANAPPA
     SINCE DECEASED
     REP. BY HIS ONLY LR WIFE
     SMT. MUNIYAMMA,

     ALL ARE R/AT RAMANAGONDANAHALLI,
     VARTHUR HOBLI,
     BANGALORE RURAL DIST,
     BANGALORE-560087.

     (R3 TO R5 ARE DELETED V/O DTD 26.09.2013)

6.   THE TAHASILDAR
     BANGALORE SOUTH TALUK ( ADDL.),
     K.R. PURAM,
     BANGALORE-560036.               ... RESPONDENTS

(BY SRI.M.BABU, ADV. FOR R2 (A-D);
V/O DTD 26.09.2013 R3 TO R5 ARE DELETED;
SMT. ANITHA.H.R., AGA FOR R6)

      THIS REGULAR SECOND APPEAL IS FILED UNDER
ORDER 41 RULE 1 AND R/W SECTION 100 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 15.7.2010 PASSED IN
R.A.NO.109/2009 ON THE FILE OF THE I ADDL. DISTRICT &
SESSIONS    JUDGE,    BANGALORE      RURAL    DISTRICT,
BANGALORE, ALLOWING THE APPEAL FILED AGAINST THE
JUDGMENT AND DECREE DATED 2.4.2009 PASSED IN
O.S.NO.126/2000 ON THE FILE OF THE I ADDL. CIVIL JUDGE
(SR.DN) BANGALORE RURAL DISTRICT, BANGALORE.

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


                    JUDGMENT

This Court on 27.10.2021 had finally granted a

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

appeal was directed to be listed for dismissal.

RSA.2109/2010

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 27.10.2021. Therefore, having regard

to the order dated 27.10.2021, 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/-