The Regular Second Appeal was dismissed for non-prosecution as the appellant's counsel failed to file the required paperbook despite a peremptory order.
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DATED THIS THE 27TH DAY OF OCTOBER, 2021
THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR
REGULAR SECOND APPEAL No.625 OF 2011
BETWEEN:
SRI S.C.VIJAYAKUMAR S/O.LATE S.R.CHANDRASHEKARAIAH AGED ABOUT 58 YEARS R/AT M.G.ROAD TARIKERE – 577 228 ... APPELLANT
(BY SRI C.R.GOPALASWAMY AND SRI K.M.SOMASHEKARA, ADVOCATES)
AND:
S/O.LATE S.R.CHANDRASHEKARAIAH AGED ABOUT 68 YEARS MERCHANT & AGRICULTURIST R/AT KUMBARA STREET TARIKERE 577 228
A(3) KUM.KAVITHA D/O.SMT.KUSUMA AGED ABOUT 28 YEARS
R-2(A)1 TO R-2(A)3 ARE R/AT M.G.ROAD TARIKERE CHIKKAMAGALURU DISTRICT- 577 228
2(B) SRI S.DINESH S/O.LATE S.C.GOWARAMMA AGED ABOUT 47 YEARS BUSINESS MAN R/AT HOUSE NO.3040/2 GOKULAM PARK 2ND CROSS, V.V.PURAM MYSURU - 570 002
2(C) SRI S.GIRISH S/O.LATE S.C.GOWARAMMA AGED ABOUT 43 YEARS EMPLOYEE IN SKF CO. R/AT HOUSE NO.3040/2, GOKULAM PARK, 2ND CROSS V.V.PURAM MYSURU - 570 002
2(D) KUM.S.BHAGYA D/O.LATE S.C.GOWRAMMA AGED ABOUT 48 YEARS HOUSEHOLD R/AT HOUSE NO.3040/2, GOKULAM PARK, 2nd CROSS V.V.PURAM MYSURU - 570 002
2(E) KUM.S.RATHNA D/O.LATE S.C.GOWARAMMA AGED ABOUT 41 YEARS R/AT HOUSE NO.3040/2 GOKULAM PARK, 2ND CROSS V.V.PURAM MYSURU - 570 002
AGED ABOUT 66 YEARS C/O B.N.SATISH KUMAR JUNIOR ENGINEER MESCOM, DOOR NO.1680 6TH MAIN, BEHIND CANARA BANK 2ND CROSS, VIJAYANAGAR EXTENSION MYSURU - 570 017
4(f) SUMI D/O.S.C.RUDRASWAMY AGED ABOUT 30 YEARS
(appeal abates as against R-4(g) as per Order dated 28.01.2014)
4(h) REKHA D/O.S.C.RUDRASWAMY R-4(e) TO 4(h) ARE R/AT M.G.ROAD TARIKERE 577 228
R-6 TO R-8 ARE R/AT C/O.H.M.RUDRARADHYA & CO. ARECA MERCHANT, DR.S.P.M.ROAD SHIMOGA TOWN SHIMOGA DISTRICT 577 201 … RESPONDENTS
(BY SRI S.V.DESAI, ADVOCATE FOR R-1 R-2(A)1, R-2(A)2, R-3, R-4(a) TO R-4(f) & R-4(h), R-5 TO R-8 ARE SERVED;
NOTICE TO R-2(A)3 & R-2(B) TO R-2(E) IS DISPENSED WITH VIDE ORDER DATED 28.01.2014;
APPEAL ABATES AS AGAINST R-4(g) VIDE ODER DATED 28.01.2014)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 06.03.2006 PASSED IN O.S.NO.169/1998 BY THE CIVIL JUDGE (JR.DN.) AND ADDITIONAL JMFC, THARIKERE AND THE JUDGMENT AND DECREE DATED 27.08.2010 PASSED IN R.A.NO.17/2006 BY THE CIVIL JUDGE (SR.DN.) AND PRINCIPAL JMFC, THARIKERE & ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
This Court has passed a peremptory order on 22.01.2021, despite which, learned counsel appearing for the appellant has not filed the paperbook till date.
Hence, this Regular Second Appeal is dismissed
for non-prosecution.
Sd/JUDGE
LB
SRI S.C.VIJAYAKUMAR
SRI S.C.RENUKASWAMY
SMT.GOWRAMMA
KUSUMA
SRI AMRUTESH
KUM.SARITHA
PRADEEP SINGH YERUR
As recorded by the court registry
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