In the High Court of Karnataka at Bengaluru Dated This the 29Th Day of August, 2016 Before the Hon'ble Mr.Justice B Manohar Re
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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29 TH DAY OF AUGUST, 2016 BEFORE THE HON’BLE MR.JUSTICE B MANOHAR REGULAR SECOND APPEAL NO.1554 OF 2015 (PAR) BETWEEN: 1. SMT SHARADA ACHARYA AGED 61 YEARS 2. MRS. BHAVANI AGED 42 YEARS 3. MRS. HARINAKSHI AGED 41 YEARS 4. MRS. SUNEETHA AGED 40 YEARS 5. MRS. SAVITHA AGED 39 YEARS 6. MR. SATHISHA AGED 38 YEARS 7. MRS. MANI AGED 37 YEARS APPELLANT NO.1 IS THE WIDOW AND NOS.2 TO 7 ARE THE CHILDREN OF LATE SEETHARAMA ACHARYA ALL ARE RESIDING AT GONIBEEDU VILLAGE AND POST, 2 MUDIGERE TALUK, CHIKMAGALUR DISTRICT. ... APPELLANTS (BY SRI.P.P.HEGDE, ADVOCATE (ABSENT)) AND: 1. SRI BHASKARA ACHARYA AGED ABOUT 50 YEARS, S/O LATE KRISHNAYYA ACHARYA, R/O INDIRA NAGARA HOUSE, BILAGULA, MUDIGERE TALUK, CHIKMAGALUR DISTRICT. 2. MRS. MEENAKSHI AGED ABOUT 65 YEARS, W/O NARAYANA ACHARYA, R/O PADIYARAMAJALU, KUVETTU VILLAGE, GURUVAYANAKERE POST, BELTHANGADY TALUK, D.K. 3. SMT. SUMATHI AGED ABOUT 55 YEARS, W/O CHANDRASHEKARA ACHARYA, R/O PADIYARU MAJALU, KUVETTU VILLAGE, BELTHANGADY TALUK, D.K. 4. SRI. RAGHAVENDRA ACHARYA AGED ABOUT 48 YEARS, SON OF KRISHNAYYA ACHARYA, R/O PADIYARU MAJALU, KUVETTU VILLAGE, BELTHANGADY TALUK, D.K. 3 5. SMT. JALAJAKSHI AGED ABOUT 43 YEARS, W/O SHESHAPPA ACHARYA, R/O KALASADA GURI, JODUKATTE, KAVALAKATTE POST, BANTWAL TALUK, D.K. DISTRICT. 6. SMT. SHARADA VENKATESH ACHARYA AGED ABOUT 56 YEARS, W/O VENKATESH ACHARYA 7. SRI. PRASANNA AGED ABOUT 47 YEARS, S/O VENKATESH ACHARYA RESPONDENT NOS.4 TO 7 ARE RESIDING AT USHA NILAYA, UPPALI INDAVARA, MUDIGERE, CHIKMAGALUR DISTRICT. ... RESPONDENTS THIS RSA FILED UNDER SECTION 100 READ WITH ORDER XLII OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.06.2015 PASSED IN R.A NO.20/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC., BELTHANGADY, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 17.11.2011 PASSED IN F.D.P NO.1/2003 ON THE FILE OF THE CIVIL JUDGE AND JMFC., BELTHANGADY, D.K, ALLOWING THE FINAL DECREE PETITION FOR PARTITION AND SEPARATE POSSESSION. THIS RSA IS COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: J U D G M E N T This appeal has been filed on 21.09.2015. Inspite of granting sufficient time, the office objections have not been 4 complied with. On 08.08.2016, finally two weeks time was granted to comply with the office objections, failing which the case was ordered to be posted today. Even today, neither the counsel for the appellants nor the office objections are complied with. Accordingly, the appeal is dismissed for non- prosecution. Sd/- JUDGE HJ .