IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH OF AUGUST, 2019 Before The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 260 of 2011 (dec/inj) Between:
1. GOPALAKRISHNA @ G K RAO SON OF LATE M.N SUBBALAKSHMAMMA, MAJOR, NOW RESIDING AT D.NO.199, 13TH C-MAIN, 1ST STAGE, I PHASE, GOKULAM EXTENSION, MATHIKERE, BENGALURU - 54.
2. SMT. SOUMYA NAYAKI MAJOR IN AGE, RESIDING AT D.NO.23, OPP: W.I.M.A BUILDING, INDUSTRY, ABBIGERE, MAIN ROAD, CHIKKABHANUVARA POST, BENGALURU – 560 090.
3. M.R SHASHIDHARA GRANDSON OF M.N SUBBALAKSHMAMMA, MAJOR, RESIDING AT D.NO.1218, 10TH CROSS, ASHOKANAGAR, BANASHANKARI I STAGE, BENGALURU – 560 050.
4. SMT. BHAVANI SATHYANARAYANA MAJOR IN AGE, RESIDING AT NO.4528, FRENCH LAKE DR. FORT-WORTH, TEXOS - 76133 U.S.A.
APPELLANTS NO. 4 REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SMT. SOUMYA NAYAKI, APELLANT NO.2 HERE IN RESIDING AT D.NO.23, OPP: W.I.A BUILDING INDUSTRY ABBIGERE MAIN ROAD CHIKKABHANUVARA POST BENGALURU – 560 090.
(BY SRI. R VIJAYAKUMAR., ADVOCATE) And:
... APPELLANTS 1. THE SECRETARY MYSORE URBAN DEVELOPMENT AUTHORITY JHANSILAKSHMI BAI ROAD, CHAMARAJA MOHALLA, MYSORE – 574 101.
2. KAMALA KANNAN SON OF SRINIVASAN, MAJOR, RESIDING AT D.NO. 198, 12TH MAIN, 2ND CROSS, II STAGE, BRINDAVAN EXTENSION, MYSORE – 574 401.
3. SRI. M.N VISHVANATHA SON OF SMT. M.N SUBBALAKSHMAMMA, MAJOR IN AGE, RESIDING AT 184-H NARVIHAR APARTMENTS, PART-II SECTOR 34, NOIDA 201301, U.P.
4. SUMITHRA, DAUGHTER-IN- LAW OF SUBBALAKSHMAMA D.NO.518, 2ND STAGE, TIK LAY OUT KUVEMPU NAGAR, MYSORE – 574 101.
... RESPONDENTS (BY SRI. S. R. SREEPRASAD., ADVOCATE FOR R-3;
VIDE ORDER DATED 16.03.2016 THE APPEAL AGAINST R-2 STAND DISMISSED;
VIDE ORDER DATED 05.04.2019 APPEAL R1 & R4 AS ABATED) THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 08.10.2010 PASSED IN R.A.NO.172 OF 2009 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-IV, MYSORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.06.2009 PASSED IN O.S.NO.461 OF 1998 ON THE FILE OF THE II ADDL.CIVIL JUDGE (SR.DN.) & CJM, MYSORE.
THIS REGULAR SECOND APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment It is seen that the appeal as against the respondent Nos.1 and 4 stands abated, and as against the respondent No.2, the appeal is dismissed. The other respondent viz., the respondent No.3 is a co-defendant and the appeal solely as against this respondent would not survive even according to the learned counsel for the appellant.
In the light of these circumstances, the appeal shall stand dismissed.
In view of the dismissal of the above appeal, IA No.1/2015 does not survive for consideration and the same is dismissed.
Sd/- Judge SA Ct:sr