IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 25 Th DAY OF JANUARY, 2012 BEFORE THE HON’BLE MR. JUSTICE JAWAD RAHIM R.S.A. No.5979/2010 (DEC & INJN) BETWEEN: Smt. Shankrawwa W/o. Bhimanagouda Desai, Age: Major, 0cc.: Lecturer, R/o. Mudhol, Now residing at Bagalkot. Dist. Bagalkot. ...Appellant [By Shri Srikant T. Path, Shri Prabhakar A. Kulkarni and Shri G.R.Raibagi, Advocates) AND: 1. Basavaraj, SI Chandrashekhar Kamalapur, Age: Major, 0cc.: Business, Rio. Behind Central Excise Office, Bagalkot. 2. Ashok, Sb. Chandrashekhar Kamalapur, Age: Major, 0cct: Business, Rio. Behind Central Excise Office, Bagalkot. Chandrashekhar Karnalapur, Since deceased his LRs. i.e., The appellant and respondents are already on record. (1’ :2: 3. Mahantawwa P. Dhanashetti, Age: Major, 0cc.: Housewife, Rio. Behind Central Excise Office, Bagalkot - 587103. 4. Kamalakshi N. Malagond @ Kamalakshi, D/o. Chandrashekhar Kamalapur, Age: Major, 0cc.: Teacher, R/o. Akkalkot Road, Railway Station, Maharashtra. ...Respondents This RSA is filed under Section 100 read with Order XLII Rule 1 of the CPC against the judgment and decree dated 11.11.2005 passed in R.A.No.9 112003 on the file of the Presiding Officer, Fast Track Court, No.1, at Bagalkot, dismissing the appeal filed against the judgment dated 14.10.2003 and the decre passed in O.S.No.109/1996 on the file of the AddI. Civil Judge (Jr. Dn.), Bagalkot, decreeing the suit filed for declaration and injunction. This RSA coming on for orders, this day, the Court delivered the following: - JUDGMENT Counsel absent. 2. There is delay of 1733 days in filing the appeal. The appeal was filed on 08.11.2010, which was defective. Time was granted repeatedly to comply with office objections, which was not done. tI :3: Consequently, a peremptory order was passed giving final chance. Even then office objections were not complied. The appeal came to be dismissed. 3. However, an application is filed to recall the dismissal order dated 14.12.2011. Despite showing indulgence, the learned counsel has remained absent even today. There is no need for showing any indulgence. Hence, appeal is dismissed for non- prosecution. Sd/h JUDGE Rsh