IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.993 OF 2017 (PAR) BETWEEN:
B.K.BASAVAIAH DEAD BY LR’S SMT.GANGAMMA W/O LATE B.K.BASAVAIAH (EXPIRED ON 04.02.2017) 1. SHIVARUDRAPPA AGED ABOUT 62 YEARS S/O LATE B.K.BASAVAIAH 2. SMT.NAGARATHNA AGED ABOUT 60 YEARS W/O LATE BASAPPA D/O LATE B.K.BASAVAIAH 3. SMT.MANI AGED ABOUT 54 YEARS W/O LATE H.S.NAGARAJU D/O LATE B.K.BASAVAIAH 4. SMT.SATHYAKUMARI AGED ABOUT 45 YEARS W/O C.M.UDAYASHANKAR D/O LATE B.K.BASAVAIAH 5. SMT.SHYLASHREE AGED ABOUT 43 YEARS W/O R.SHIVAKUMAR ARADHYA D/O LATE B.K.BASAVAIAH 6. VIRUPAKSHA AGED ABOUT 41 YEARS S/O LATE B.K.BASAVAIAH 7. KUMARA AGED ABOUT 39 YEARS S/O LATE B.K.BASAVAIAH ALL ARE R/AT BEVUKALLU VILLAGE DUDDA HOBLI, MANDYA TALUK …APPELLANTS [BY SRI SURESH KUMAR H.M., ADV. (ABSENT)] AND:
1. K.SHIVABASAPPA S/O KASHIPATHI BASAVAIAH AGED ABOUT 64 YEARS 2. MADAPPA S/O KASHIPATHI BASAVAIAH AGED ABOUT 57 YEARS 3. CHANNAPPA S/O KASHIPATHI BASAVAIAH AGED ABOUT 55 YEARS RESPONDENTS NO.1 TO 3 ARE R/O BEVUKALLU VILLAGE DUDDA HOBLI, MANDYA TALUK MANDYA DISTRICT 4. BEVUKALLU CHANNAPPA S/O MADAPPA AGED ABOUT 90 YEARS 5. SHANTHAMMA D/O BEVUKALLU CHANNAPPA AGED ABOUT 50 YEARS 6. BASAVARAJU S/O BEVUKALLU CHANNAPPA AGED ABOUT 55 YEARS 7. SUDHA D/O BEVUKALLU CHANNAPPA AGED ABOUT 45 YEARS 8. NAGARAJU S/O BEVUKALLU CHANNAPPA AGED ABOUT 40 YEARS RESPONDENTS NO.4 TO 8 ARE R/O BRAHMADEVANAHALLI VILLAGE NAGAMANGALA TALUK MANDYA DISTRICT – 571 432 9. NAGESH S/O SHIVABASAPPA AGED ABOUT 33 YEARS 10. NANJAMMA W/O MADAPPA AGED ABOUT 45 YEARS 11. MEENAKSHI D/O LATE BASAMMA AGED ABOUT 45 YEARS RESPONDENTS NO.9 TO 11 R/O BEVUKALLU VILLAGE DUDDA HOBLI, MANDYA TALUK MANDYA DISTRICT ….RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED:26.03.2016 PASSED IN R.A.NO.15/2012 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 13.12.2011 PASSED IN OS NO.203/2004 ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN.) MANDYA.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T No representation for the appellants even at 2.45 p.m. Matter is pending since the year 2017. Despite giving sufficient opportunity, needful has not been done. Therefore, appeal is dismissed.
Sd/- JUDGE KNM/-