Sri. Somashekara vs Smt. Girijamma
2022 Latest Caselaw 11497 Kant

                               1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 29TH DAY OF AUGUST, 2016

                           BEFORE

           THE HON'BLE MR.JUSTICE B MANOHAR

         REGULAR SECOND APPEAL NO.136 OF 2015

BETWEEN:

1.     SRI. SOMASHEKARA
       S/O SRI. H.G. RAJAPPA
       AGED ABOUT 52 YEARS

2.     SMT. MONONMANI
       D/O SRI. H.G. RAJAPPA
       AGED ABOUT 45 YEARS

3.     SMT. VARALAKSHMI
       D/O SRI. H.G. RAJAPPA
       AGED ABOUT 35 YEARS

       ALL ARE RESIDING AT
       NO.2710, AGRAHARA STREET
       HASSAN
                                           ... APPELLANTS

(BY SRI. B.K. CHANDRASHEKAR, ADVOCATE)

AND:
1.     SMT. GIRIJAMMA
       W/O SRI. NARAYANA
       AGED ABOUT 65 YEARS

2.     SRI. H.N. JAYASHANKAR
       S/O SRI. NARAYANA
       AGED ABOUT 45 YEARS
                               2


     RESPONDENTS 1 AND 2 ARE
     RESIDING AT PARK ROAD
     NORTHERN EXTENSION
     HASSAN.
                                           ... RESPONDENTS


      THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLI
RULES 1, 2 AND 3 OF CPC,       PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE PASSED IN O.S.NO.53/1997 DATED
3.10.2009 BY THE COURT OF THE PRINCIPAL CIVIL JUDGE
(SENIOR DIVISION) AT HASSAN AND THE JUDGMENT AND DECREE
PASSED IN R.A.NO.300/2009 DATED 05.09.2014 BY THE COURT OF
THE PRINCIPAL DISTRICT JUDGE, PRODUCED UNDER ANNEXURE
- 'B' AND ANNEXURE - 'A' AND DECREE THE SUIT IN
O.S.NO.53/1997 FILED BY THE PLAINTIFFS/APPELLANTS BY
ALLOWING THE APPEAL.

    THIS RSA IS COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:



                     JUDGMENT

This appeal has been filed on 22.01.2015, inspite of

granting sufficient time, the office objections have not been

complied with. On 08.08.2016, two weeks time finally

granted to comply with the office objections, failing which

the case was ordered to be posted today to pass orders. As

on today, the office objections are not complied with and

counsel for the appellants requests to grant time. The said

request is rejected and the appeal is dismissed for non-

prosecution accordingly.

Sd/-

JUDGE

HJ