1
IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
DATED THIS THE 12 TH DAY OF NOVEMBER 2014
BEFORE
THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA
REGULAR SECOND APPEAL No.7311/2013
Between:
Basavaraj S/o Late Amarayya Age: 45 years, Occ: Govt. Employee R/o Kembhavi, Tq. Shorapur Dist: Yadgir … Appellant
(By Smt. Sharada R. Patil, Advocate-Absent)
And:
1. Smt. Ningamma W/o Late Shivalingappa Ganachari, Age: 64 years Occ: Agriculture
2. Sidramayya S/o Late Shivalingappa Ganachari, Age: 44 years Occ: Agriculture
3. Channayya S/o Late Shivalingappa Ganachari, Age: 40 years Occ: Agriculture
4. Siddayya 2
S/o Late Shivalingappa Ganachari, Age: 36 years Occ: Agriculture
5. Mallayya S/o Late Shivalingappa Ganachari, Age: 34 years Occ: Agriculture
6. Basavaraj S/o Late Shivalingappa Ganachari, Dead by LRs.
A) Sridevi W/o Late Basavaraj Age: 32 years, Occ: Agriculture
B) Akshata D/o Late Basavaraj Age: 16 years, Occ: Student
C) Pragati D/o Late Basavaraj Age: 12 years, Occ: Student
D) Shivaputrayya S/o Late Basavaraj Age: 10 years, Occ: Household
7. Kashilingayya All are R/o Kembhavi Tq. Shorapur
8. Guruswamy S/o late Shivapurtrappa Ganachari, Age:36 years R/o Kembhavi, Tq. Shorapur Dist: Yadgir
9. Smt Annapurna W/o Sangayya Age: 30 years, Occ: Agriculture
10. Amarayya S/o Late Siddayya 3
Ganachari, Age: 74 years Occ: Agriculture Died by LRs.
A) Shankramma W/o late Amarayya Age: 65 years, Occ: Household
B) Shivaleela D/o late Amarayya Age: 34 years, Occ: Legal Practitioner
11. Ayyappa S/o Siddayya Ganachari, Age: 54 yeas Occ: Employee in ACC Factory At Wadi
12. Chandrashekhar S/o Siddayya Ganachari Age: 54 years, Occ: Business
13. Smt. Shivakantamma W/o Basayya, Age: 42 years Occ: Household
14. Smt. Sridevi W/o Nagayya Age: 40 years, Occ: Household
15. Karbasamma D/o Shivalingayya Age: 37 years, Occ: Household
16. Kumari Rajeshwari D/o Shivalingayya Age: 30 years, Occ: Household
17. Smt. Ansubai W/o late Parmayya Baichbal Age: 67 years, Occ: Household All are R/o Kembhavi Tq. Shorapur Dist: Yadgir … Respondents 4
This Regular Second Appeal is filed under Section 100 of the CPC against the Judgment and Decree dated 14.08.2012 passed in R.A.No.24/2008 on the file of the Fast Track Court at Yadgiri, partly allowing the appeal & modifying the Judgment and Decree dated 04.08.2008 passed in O.S.No.261/2004 on the file of the Civil Judge (Sr.Dn.) at Shorapur.
This appeal coming on for Orders this day, the Court made the following:
O R D E R
This appeal was filed on 23.08.2013. As the appellant had failed to comply with the office objections within six weeks’ time, the appeal came to be listed before Court for Orders on 03.03.2014 as contemplated under Rule 17 of Chapter XII of High Court of
Karnataka Rules, 1959, regarding non-compliance of office objections, on which day the appellant was granted three weeks’ time to comply with the office objections. The appellant did not comply the office objections within the time granted. Therefore, the appeal came to be listed before the Court for orders on 5
28.10.2014 on which day the following order came to be passed:
“Appellant is finally granted time up to 07.11.2014 for compliance of office objections, failing which, list the appeal for orders on 12.11.2014 as to why the appeal should not be dismissed for non-compliance of office objections.”
2. Today, neither the office objections are complied with nor there is representation for the appellant. From the above facts, it is clear that appellant is not interested in prosecuting the appeal.
3. Hence, the appeal is dismissed for non- prosecution.
Sd/- JUDGE
NB*