IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO REGULAR SECOND APPEAL No.1707/2014 BETWEEN:
H V Rudraiah dead by LR’s.
(a) H R Veerabhadrappa s/o H V Rudraiah aged about 53 years.
(b) H R Srinivas s/o H V Rudraiah aged about 50 years L.R’s (a) and (b) are r/a Hosur village and Hobli Gowribidanur Taluk – 561208.
(c) H R Shanthamma d/o H V Rudraiah w/o Balakrishnappa (Revenue Secretary) Aged about 46 years r/a PLD Bank Road Bagepally Town – 561 207.
(d) Earanna dead by L.Rs. (d)(1) Nagaraja s/o Eranna Aged about 32 years.
(e) Rajanna dead by LR’s 1. Smt.Venkatamma w/o Late Rajanna Aged about 55 years.
2. Harish, s/o late Rajanna Aged about 31 years.
(f) Thimmaiah s/o late Veerabhadrappa aged about 55 years LR No.(d) (e) and (f) All are r/o Hosur village and Hobli, Gowribidanur Taluk – 561208. ..Appellants (By Sri S Nagesh, Advocate (absent)) AND:
1. Ashwathappa s/o late Muddappa aged about 64 years.
2. Rangappa s/o late Muddappa Aged about 52 years.
3. Nanjundappa s/o late Muddappa aged about 49 years.
All are r/o Hossur village and Hobli, Guribidanur Taluk – 561208. ..Respondents (By Sri M Shivaprakash, Advocate for C/R2) This RSA is filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 31.10.2014 passed in R.A No.42/2009 on the file of Senior Civil Judge, Gauribidanur, dismissing the appeal and confirming the judgment and decree dated 9.3.2009 passed in OS No.109/2000 on the file of Principal Civil Judge (Jr.Dn.) and JMFC, Gowribidanur.
This RSA coming on for admission this day, the Court delivered the following:
JUDGMENT Learned counsel for the appellants is absent. There is no representation.
I.A.1/2015 is filed under Section 5 of the Limitation Act seeking condonation of delay of 1765 days in filing I.A.2/2015 for setting aside abatement. I.A.No.2/2015 is filed for setting aside abatement and I.A.No.3/2015 is filed for bringing L.Rs of deceased Earanna. It appears that the appellants have no interest in prosecuting the appeal. Thus, the appeal is dismissed for non-prosecution and I.As. stand disposed of accordingly.
Sd/- JUDGE bkm