IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO REGULAR FIRST APPEAL No.147/2005 BETWEEN:
Smt.D Lakshmamma w/o Dr.Mari Swamy Aged about 43 years r/a No.241, Vinayaka Layout Nagarabhavi, Bangalore-
560072. ... Appellant (By Sri R Ramesh, Advocate (absent)) AND:
1. D Doddahonnappa s/o late G H Doddaiah since dead by his Lrs.
a. D H Rudrappa s/o late Doddahonnappa aged about 44 years.
b. D H Krishnappa s/o late Doddahonnappa aged about 42 years.
c. D H Prakash s/o late Doddahonnappa aged about 38 years.
d. D H Ramesh s/o late Doddahonnappa Aged about 28 years.
e. Smt.D N Nanjamma d/o late Doddahonnappa aged about 45 years.
f. Smt.D H Jayamma d/o late Doddahonnappa aged about 40 years.
g. Smt.D H Kamalamma aged about 35 years.
i. Smt.D H Indrani d/o late Doddahonnappa aged about 30 years.
All are r/a Varahasandra village Kengeri Hobli, Bangalore South Taluk.
2. D Gidda Honnappa Since dead by his Lrs.
a. Smt.Sakamma w/o late Giddahonnappa aged about 65 years.
b. Sri G H Mahadeva s/o late Giddahonnappa ageda bout 65 years.
c. Sri G H Doddaiah @ Raja s/o late Giddahonnappa aged about 25 years.
d. Smt.Siddagangamma d/o late Gidahonnappa Aged about 65 years.
e. Smt.G H Nagaveni d/o late Giddahonnappa aged about 65 years.
f. Smt.G H Vanajakshi d/o late Giddahonnappa Aged about 65 years.
g. Smt.G H Manjula @ Manju d/o late Giddahonnappa aged about 65 years.
All are r/a No.62, Arrack Shop Building, 1st Floor, Dr.TCM Royan Road, Cottonpet, Bangalore – 560 053.
3. Sri Honnappa s/o late G H Doddaiah aged about 57 years r/a No.13, Upstairs Hottimaramamma Temple Street, Cottonpet Bangalore – 560 053.
4. Sri D Chandrappa s/o late G H Doddaiah aged about 51 years r/a No.J-59, Belimutt Road, Cottonpet Bangalore-560 053.
5. Sri D Krishnappa s/o late G H Doddaiah aged about 50 years r/a No.13, AMT Street Cottonpet, Bangalore – 560 053.
6. Sri D Eshwarappa s/o late G H Doddaiah Aged about 49 years r/a No.6 and 7, Upstairs Setti Muddanna Galli New Fireman Thimmarayappa Street, Akkipet, Bangalore – 560 053.
7. Sri D Jayanna w/o late G H Doddaiah aged about 49 years r/a No.J-59, Attimaramma Temple Street, Cottonpet Bangalore-560 053.
8. Smt.Hombalamma w/o Sampangiramaiah aged about 65 years r/a No.12, Attimaramma Temple Street, Cottonpet Bangalore-53.
9. Smt.Siddagangamma w/o late Muniswamiah Aged about 63 years r/a No.799, 5th Cross Channakeshavanagar Singasandra Post Bangalore-68.
10. Smt.D Honnamma w/o K Paramasivaiah aged bout 48 years r/a No.249, Halle Bandikeri K R Mohalla Near Kollapuramma Temple, Mysore. ... Respondents (By Sri B N Anatha Narayana & Sri D G Chinnappa Gowda Advocates for C/R2(A & C) & R7, Sri S Rajashekhara and Sri B M Lokesh, Advcoates for R5, R8-R10, Appeal stands abated against R1(A) & R6 v/o dtd:17.10.12 Notice to R1(E-I) & R2(B, D – G), R3 & R4 are held sufficient v/o dtd.8.3.2011) *** This RFA is filed u/S.96 r/w O 41 R 1 of CPC against the order dt:25.10.04 passed on I.A.No.III and IV in OS No.2977/01 on theh file of the XVIII Addl. City Civil Judge, Bangalore (CCH-32), allowing the I.As filed u/O 7 R11 r/w Sec. 151 of CPC for rejection of the plaint.
This appeal coming on for hearing this day, the court delivered the following:
JUDGMENT The learned counsel for appellant is not present. The matter is called for the second time. No representation.
2. The matter is of the year 2005 in terms of present appeal and of the year 2001 in terms of the original suit. Thus, the age of the matter is almost 18 years.
3. The present appeal was listed for final hearing and that was notified well in advance. The learned counsel for appellant is not present. On perusal of the proceedings, it appears that the parties are not interested in going on with the matter. Accordingly, the appeal is dismissed for non- prosecution.
Sd/- JUDGE VK