IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.S.A.No.2701/2006 BETWEEN:
H R GOPALAIAH SINCE DEAD BY L.Rs.
1. SMT.LAKKAMMA W/O LATE H.R.GOPALAIAH AGED ABOUT 55 YEARS 2. SMT.PUTTALAKSHMAMMA D/O LATE H R GOPALAIAH AGED MAJOR.
3. SMT.AKKAMMA W/O LATE H.R.GOPALAIAH AGED MAJOR (DELETED V/O DTD.13.12.2007) 4. SMT. RUKMINAMMA D/O LATE H.R.GOPALAIAH AGED ABOUT 30 YEARS 5. SRI H G SHIVARANGAIAH S/O LATE H .R.GOPALAIAH AGED ABOUT 27 YEARS 6. H G KUMARAIAH S/O LATE H .R.GOPALAIAH AGED ABOUT 25 YEARS 7. CHANDRAKALA D/O LATE H .R.GOPALAIAH AGED ABOUT 20 YEARS.
8. GAYITHRAMMA D/O LATE H .R.GOPALAIAH AGED ABOUT 18 YEARS ALL ARE RESIDING AT HAGALAVADI VILLAGE & HOBLI GUBBI TALUK TUMKUR DISTRICT.
…APPELLANTS (BY SRI D P PRASANNA, ADVOCATE – ABSENT) AND:
1. GIRIYAPPA S/O KUMBARA THIMMAIAH AGED ABOUT MAJOR.
2. MUDDAIAH S/O KUMBARA THIMMAIAH AGED ABOUT MAJOR.
BOTH ARE R/AT HAGALAVADI GUBBI(T), TUMKUR DISTRICT.
...RESPONDENTS (BY SRI SATISH R GIRIJI, ADVOCATE - ABSENT) THIS RSA IS FILED U/S 100 R/W O XLII & XLII A OF CPC AGAINST THE JUDGMENT AND DECREE DATED:15.7.2006 PASSED IN RA. No.134/2006(OLD No.123/2001) ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT No.IV, TUMKUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED:6.9.2001 PASSED IN OS.No.58/1988 ON THE FILE OF THE CIVIL JUDGE(JR.DN.) & JMFC, GUBBI.
THIS RSA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellants and learned counsel for respondents absent. No representation.
2. Matter is of the year 2006 in terms of this appeal, of the year 2006 in terms of Regular Appeal and of the year 1988 in terms of original suit and listed for final hearing and notified well in advance. It appears that, appellants are not interested in prosecuting this appeal. It is neither just nor proper to adjourn the matter. Hence, the appeal is dismissed for non- prosecution.
tsn* Sd/- JUDGE