Narasimhaiah vs Narasimha Murthy
2022 Latest Caselaw 2592 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 16TH DAY OF FEBRUARY, 2022

                       BEFORE

       THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

            R.S.A.No.1840/2018(DEC/INJ)

BETWEEN:

NARASIMHAIAH,
S/O LATE A.K.MUDDURANGAIAH,
AGED ABOUT 67 YEARS,
R/O KORATAGERE TOWN,
KORATAGERE - 572 129.                 ... APPELLANT

(BY SRI.SUBBA SHASTRY.N, ADV. (ABSENT))

AND:

1.     NARASIMHA MURTHY,
       S/O LATE A.K.MUDDURANGAIAH,
       AGED ABOUT 49 YEARS,

2.     LOKESH KUMAR,
       S/O LATE A.K.MUDDURANGAIAH,
       AGED ABOUT 49 YEARS,

       BOTH THE RESPONDENTS ARE
       RESIDENTS OF MUGGONDANAHALLI VILLAGE,
       KORATAGERE TALUK,
       TUMKUR DISTRICT - 572 129.
                                  ... RESPONDENTS

     THIS APPEAL IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 31.03.2018
PASSED IN R.A.No.62/2014 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MADHUGIRI,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
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AND     DECREE   DATED    18.08.2014   PASSED   IN
O.S.No.218/2011 ON THE FILE OF THE CIVIL JUDGE AND
JMFC., KORATAGERE.

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

                        JUDGMENT

1. Though the matter was called in the morning session,

and afternoon session, there was no representation and even

now at 4.45 p.m., there is no representation for the appellant

and the office objections have not been complied with despite

three weeks' time being granted on 13.11.2019 with a clear

observation that the appeal would be dismissed if the office

objections were not complied with.

2. Since office objections are not complied with, this

Court, left with no alternative, but to dismiss the appeal for

non-prosecution. Accordingly, the appeal is dismissed for

non-prosecution.

Sd/-

JUDGE

PKS