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IN THE HIGH COURT OF AT BANGALORE DATED THIS THE 11 TH DAY OF FEBRUARY, 2013 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR

R.S.A.NO.635/2010

BETWEEN:

1. Nagaraju Late Madappa Aged about 48 years, Resident of Hadinaru Village, Chara Hobli – 571 301 Taluk, District.

2. Parmesh S/o Mriswamy Aged about 43 years, Resident of Hadinaru Village, Chara Hobli – 571 301 Nanjangud Taluk, . ..Appellants

(By Sri.P.Mahesha & Sri.Krishna B.J., Advocates)

AND:

1. Bhagya W/o K.S.Nagaraju Aged about 37 years,

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Resident of Hadinaru Village, Chara Hobli – 571 301, Nanjangud Taluk, Mysore District.

2. M.Raju S/o Puttamadappa Aged about 43 years, Resident of Hadinaru Village, Chara Boli – 571 301 Nanjangud Taluk, Mysore District. ..Respondents

(Served)

This RSA is filed under Section 100 of CPC against the Judgment and decree dated 01.02.2010 passed in R.A.No.43/2008 on the file of Civil Judge (Sr.Dn) & JMFC, Nanjangud, allowing the appeal and filed against the Judgment and decree in O.S.No.13/2007 dated 27.06.2008 on the file of Civil Judge (Jr.Dn) & JMFC, Nanjangud.

This RSA coming on for orders this day, the Court delivered the following:

JUDGMENT

For non filing of paper books matter has been listed periodically before the court and at the request of learned counsel for appellant it was adjourned from time to time.

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2. On 30.01.2013 learned counsel for appellants submitted that paper books are ready and it would be filed next day. Placing his submission on record, matter came to be adjourned to 05.02.2013. However on 05.02.2013 there was no representation. Hence, to afford one more opportunity for appellants to file paper book it was adjourned to today on payment of cost.

3. Learned counsel for appellants Sri.Girisha, appearing on behalf of Sri.P.Mahesha submits that they have no instructions from appellants. Paper books are not filed and cost has not been deposited. This would clearly indicate that appellants are not interested in prosecuting the appeal.

Hence, appeal stands dismissed.

Sd/- JUDGE

SBN