- 1 - HC-KAR NC: 2025:KHC:40894 MSA No. 10 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA MISCELLANEOUS SECOND APPEAL NO. 10 OF 2024 (RO) BETWEEN: SMT. NAGARATHNAMMA, W/O CHIKKARANGAIAH, AGED ABOUT 63 YEARS, R/O AT 1ST MAIN, 8TH CROSS, HANUMANTHAPURA EXTENSION, TUMKURU-572 107. …APPELLANT (BY SRI. BAPAT SAMPATH VINAYAKA RAO, ADV.(ABSENT)) AND: 1. SRI. THOPAMMA, W/O NANJAPPA, AGED ABOUT 82 YEARS, R/O KAIDALA VILLAGE, GULUR HOBLI, TUMKUR TALUK-572 118. 2. K S RAMACHANDRAIAH, S/O LATE SOLAPPA, MAJOR, R/AT HETHENAHALLI VILLAGE GULUR HOBLI, TUMKURU TALUK-572 118. …RESPONDENTS THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.09.2022 PASSED IN RA NO.37/2021 ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT TUMKUR, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:40894 MSA No. 10 of 2024 ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 15.04.2021 PASSED IN OS NO.1361/20116 ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC, TUMKUR, AND THE MATTER IS REMANDED BACK TO THE TRIAL COURT WITH SPECIFIC DIRECTION RESTORE THE SUIT AND TO PROCEED WITH IN ACCORDANCE WITH LAW. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL JUDGMENT Learned counsel for the appellant prays for time to comply with the office objections. Appeal is of the year 2024. The office has raised objections and the same is not complied even though the matter is listed for non-compliance of office objections for seventh time. The order sheet dated 5.12.2024 reads as under: "Finally, two weeks' time is granted to comply the office objections, failing which, the appeal would stand dismissed." Inspite of the same, there is no compliance of the office objections. Even when the matter was listed before the Registrar P&H on 04.09.2025, there was no representation. It - 3 - HC-KAR NC: 2025:KHC:40894 MSA No. 10 of 2024 appears that the appellant is not interested in prosecuting the matter. Hence, the appeal is dismissed for default i.e., for non- prosecution. Sd/- (M G UMA) JUDGE AKV List No.: 2 Sl No.: 32