IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1276 OF 2012 BETWEEN:
1. Muniswamy, S/o. Late Narasappa, Aged about 90 years, 2. Lakshmamma, W/o. Muniswamy, Aged about 79 years, 3. Smt. Shanthamma, D/o. Muniswamy, Aged about 59 years, 4. Nagarajappa, S/o. Muniswamy, Aged about 56 years, 5. Smt. Sugunamma, W/o. Nagarajappa, Aged about 46 years, 6. Pavithra D/o. Nagarajappa, Aged about 24 years, 7. Shilpavathi, D/o. Nagarajappa, Aged about 22 years, 8. Bharathkumar, S/o. Nagarajappa, Aged about 20 years, 9. Master Keshava Murthy, S/o. Nagarajappa, Aged about 16 years, 10. Smt. Rathnamma, D/o. Muniswamy, Aged about 54 years, 11. Nataraju, S/o. Muniswamy, Aged about 51 years, 12. Smt. Bharathamma, W/o. Nataraju, Aged about 42 years, 13. Kum. Chaithra D/o. Nataraju, Aged about 11 years, 14. Master Pavan, S/o. Nataraju, Aged about 8 years, 15. Manjula, D/o. Muniswamy, Aged about 48 years, 16. Smt. Renukamma, D/o. Muniswamy, Aged about 45 years, 17. Smt. Indiramma, D/o. Muniswamy, Aged about 42 years, 18. Smt. Sudha, D/o. Muniswamy, Aged about 49 years A9 is minor Rep by his Natural guardian Father Nagarajappa, A13 & A14 are minors Rep. by their Natural Guardian Father A11 19. Sarojamma, W/o. Late Venkataswamy, Aged about 69 years, 20. Prakash, S/o. Late Venkataswamy, Aged about 46 years, 21. Smt. Bhagyamma, W/o. Prakash, Aged about 42 years, 22. Dileep Kumar, S/o. Prakash, Aged about 21 years, 23. Sunil Kumar, S/o. Prakash, Aged about 19 years, 24. Smt. Bhagyamma, D/o. Late Venkataswamy, Aged about 44 years, 25. Manjula D/o. Late Venkataswamy, Aged about 42 years, 26. Manjunath, S/o. Late Venkataswamy, Aged about 40 years, 27. Smt. Manjula W/o. Manjunath, Aged about 34 years, 28. Puttamma, D/o. Late Venkataswamy, Aged about 38 years, 29. Geetha Kumari, D/o. Late Venkataswamy, Aged about 36 years, 30. Anitha, D/o. Late Venkataswamy, Aged about 34 years, 31. Sunitha, D/o. Late Venkataswamy, Aged about 40 years, 32. Roopa D/o. Late Venkataswamy, Aged about 30 years, A1 to A32 are R/at Mugabal Village, Jidigerehalli Hobli, Hosakote Taluk, Bengaluru Rural District.
A1 to A17 and A18 to A32 are Represented by General Power Of Attorney Holder, Sri. Nataraju, S/o. Muniswamy, (By Sri. B.C.Rajeeva, Advocate – Absent) …Appellants AND:
1. Jayamma, W/o. Late No. Narayanaswamy, Aged about 69 years, 2. N.Venkatesh, S/o. Late N.Narayanaswamy, Aged about 50 years, 3. N.Kumaraswamy, S/o. Late N.Narayanaswamy, Aged about 46 years, 4. N.Shobha W/o. G.Nataraj, Aged about 43 years, 5. N.Bharati W/o. Lokanath, Aged about 40 years, 6. N.Manjunath, S/o. Late N.Narayanaswamy, Aged about 38 years, 7. N.Aravind, S/o. Late N.Narayanaswamy, Aged about 36 years, All are R/at No.8/18, D Main Road, Muneshwara Block, Pipeline, Basappa Garden, Malleshwaram, Bengaluru-3.
8. Sri. Viswanathan S/o. P.Govindaswamy, Aged about 73 years, Rep. by PA Holder, Sri. Sekar Vishwanathan S/o. G.Viswanathan, Aged about 42 years, R/at No.64, Thennamara Street, Vellur-632014.
... Respondents (By Sri. Aravind C. Desai, Advocate for R1 to R7, Sri. T.N.Vishwanath, Advocate for R8) This RFA is filed under Section 96 read with Order 41 Rule 1 of CPC against the judgment and decree dated 20.04.2012 passed in O.S.No.1320/2008 on the file of the Presiding Officer, Fast Track Court – V, Bengaluru Rural District, Bengaluru, partly decreeing the suit for partition and declaration. Dismissing the suit against defendant No.34 therein.
This RFA coming on for admission this day, the Court made the following:
ORDER The appellants counsel is absent. Order sheet shows number of adjournments being given at the request of the appellants’ counsel. It appears that the appellants are not interested. Appeal is dismissed for non prosecution.
KMV/-
Ct-bl Sd/- JUDGE