Smt Kanadu vs Sri Mahadeva V Khadilkar
2023 Latest Caselaw 1776 Kant

                                              -1-
                                                       RSA No. 1772 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 10TH DAY OF MARCH, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1772 OF 2018 (DEC)

                   BETWEEN:

                   1.    SMT. KANADU
                         W/O. SONA HARIJANA
                         AGED ABOUT 78 YEARS
                         R/O. MAJALU HOUSE
                         MUNDAJE VILLAGE AND POST
                         BELTHANGADY TALUK-574 214.
                                                                   ...APPELLANT

                                (BY SRI. KARUNAKAR P., ADVOCATE)
                   AND:

                   1.    SRI MAHADEVA V. KHADILKAR
                         S/O. VASANTHA KHADILKAR
                         AGED ABOUT 33 YEARS
Digitally signed         R/AT MAJALU HOUSE
by SHARANYA T            MANDAJE VILLAGE
Location: HIGH           BELTHANGADY TALUK-574 214.
COURT OF                                                      ...RESPONDENT
KARNATAKA

                        THIS RSA IS FILED UNDER SEC.100 OF CPC, 1908
                   AGAINST THE JUDGMENT AND DECREE DTD. 27.01.2018
                   PASSED IN R.A.NO.12/2016, ON THE FILE OF THE PRL. SENIOR
                   CIVIL JUDGE AND JMFC., BELTHANGADY, DISMISSING THE
                   APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
                   DATED 30.11.2015 PASSED IN O.S.NO.155/2013 ON THE FILE
                   OF THE ADDL. CIVIL JUDGE AND JMFC., BELTHANGADY.

                       THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                                -2-
                                              RSA No. 1772 of 2018




                             ORDER

Learned counsel for the appellant is absent.

2. This Court issued notice on 04.11.2019 on

I.A.No.2/2019 and also on the main appeal to respondent and

PF was not paid and once again, the matter was listed on

19.04.2021 and eight weeks time was granted to comply with

the office objections, failing which, the appeal shall dismissed

and inspite of it, PF is not paid. Once again, the matter was

listed on 29.10.2021 and two weeks time was granted to do the

needful and inspite of the same, learned counsel for the

appellant has not furnished PF and even though notice was

ordered in 2019 and thereafter matter was listed several times

for furnishing PF, PF is not furnished. This appeal is pending

from 2019 even without issuing notice and learned counsel for

the appellant is not pursing the matter diligently.

Hence, the appeal is dismissed for non-furnishing of PF to

issue notice to the respondent.

Sd/-

JUDGE

ST