- 1 - HC-KAR NC: 2025:KHC:21003 RSA No. 831 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.831 OF 2021 (INJ) BETWEEN: P J THOMAS S/O JOSEPH AGED ABOUT 53 YEARS, R/O KUNDADKA HOUSE, KOWKRADY VILLAGE NELLYYADY POST, PUTTUR , DK …APPELLANT (BY SRI SRINIVASAN RAO C N, ADVOCATE [ ABSENT]) AND: ABDUL RAHIMAN S/O AHMAD BEARY AGED ABOUT 73 YEARS, R/AT KUNDADKA, KOWKRADI VILLAGE, NELYADI POST, PUTTUR TALUK, D K …RESPONDENT THIS RSA IS FILED UNDER SEC. 100 CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 08.10.2021 PASSED IN R.A.NO.10/2010 ON THE FILE OF THE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21003 RSA No. 831 of 2021 ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., PUTTUR AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.P.SANDESH ORAL JUDGMENT This appeal is filed on 15.11.2021 and the same was listed before the Registrar on 23.11.2021, 18.08.2022 and 17.03.2023 for compliance of office objections and on 10.01.2024 the matter was listed before the Court for non-compliance of office objections and this Court granted two weeks time finally to comply with the office objections on cost of Rs.1,000/- and also made it clear that if office objections are not complied within stipulated time, the appeal stands dismissed and on 23.04.2024, the counsel for the appellant again sought time to comply with the office objections and this Court granted a week’s time to do the needful and also held that failing which, the appeal shall stand dismissed automatically without reference to - 3 - HC-KAR NC: 2025:KHC:21003 RSA No. 831 of 2021 the Bench. Ultimately, the appeal was dismissed for non- compliance of office objections on 23.04.2024. Subsequent to the dismissal of the appeal, I.A.Nos.1/2024 and 2/2024 were filed to recall the dismissal order condoning the delay in filing the recalling application. On 04.12.2024, this Court permitted the counsel for the appellant to comply with the office objections pending consideration of the applications within two weeks. Since the office objections were complied, I.A.Nos.1/2024 and 2/2024 were allowed vide order dated 02.06.2025 and order dated 23.04.2024 was recalled and the appeal was restored and posted the matter for admission on 09.06.2025. on 09.06.2025, the counsel for the appellant was absent and this Court again given one more opportunity to the counsel for the appellant to argue the matter for admission and also made it clear that if the counsel for the appellant does not appear on the next date of hearing, the appeal will be dismissed. Inspite of the said order, today also the counsel for the appellant is absent and he is not having - 4 - HC-KAR NC: 2025:KHC:21003 RSA No. 831 of 2021 interest in pursuing the matter diligently. Hence, there is no ground to adjourn the matter again. Accordingly, the appeal is dismissed in view of the order dated 09.06.2025. Sd/- (H.P.SANDESH) JUDGE SN