IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 14Th DAY OF FEBRUARY, 2011 BEFORE THE HON’BLE MRJUSTICE C R KUMARASWAMY REGULAR FIRST APPEAL NOJ 339 OF 2005 BETWEEN: L STATE BANK OF MYSORE A BANKING CONCERN CONSTITUTED UNDER THE PROVISIONS OF THE STATE BANK OF INDIA (SUBSIDIARY BANKS) ACT, 1959 HAVING ITS HO. AT NO624 KG. ROAD, BANGALORE 560 009 AND A BRANCH OFFICE AT SHEDBAL ATHANI TALUK 591 315 BELGAUM DISTRICT REPTD BY ITS MANAGER, APPELLANT (BY SRI: PUTTIGE R RAMESH, ADVOCATE) KALYAN ATMARAM PATAKI AGED ABOUT 70 YEARS 5/0 ATMARAM VISHNU PATAKI MAJOR S/O BAPURSAB GANE RESPONDENT5 1 AND 2 ARE AGRICULTURISTS AND ARE RESIDING AT SHEDBAL 591 315 ATHANI TALLK BELGAUM DLSTRIT. This REGULAR FIRST APPEAL IS FILED tiNDER SEC TION 96 OF’ CODE OF CIVIL PROCEDURE AGAINST ThE ORDER DATED 612 2001 PASSED ON PRLLIP’INARY ISSUE NO 4 IN O.S NO 30/2000 ON THE FILE OF THE CIVIL UDGE. ‘R DN AND ASST SESSIONS JUDGE, ATHANI AIIIR’1AIE \NSWRINGI U N 4ANL REE TNC, THE PLAINT FILEt NLER )RDER VII RU E 11(d) OF (Q( f OF WI PROCEDURE AND DIRECTING THE APPELLANT HEREIN TO APPROACH PROPER FORUM TO REDRESS ITS RFMEDY. ThIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY THE. COURT DEL IVERED THE FOLLOWING ORDER The order sheet dated 4 2.2011 reads as under ‘None appears for the appellant Several opportunities have been given for filing of the paper book Hence list this mater next week for dismissal In spite of it even today though the appeal is called out both in the. morning and afternoon secsior there ‘ no eorcsrtitioI n behalf cf tic apnellant Ticr’f r , hi q Ia stA r d i sedbrdef t