IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.S.A.No.1379/2006 BETWEEN:
K G MALLAPPA S/O RUDRAPPA AGED ABOUT 78 YEARS, SINCE DEAD BY LRS 1(a) MAHADEVAMMA W/O LATE K.G.MALLAPPA AGED 75 YEARS KANDAGAL (P) # 23 DAVANGERE (T & D) -577 514.
1(b) K.G.BASAVARAJAPPA S/O LATE K.G.MALLAPPA AGED 60 YEARS KANDAGAL (P) # 23 DAVANAGERE (T & D)-577 514.
1(c) K.G.LALITHAMMA S/O LATE K.G.MALLAPPA AGED 56 YEARS GADIGESH NILAYA # 778/7, SARASWATHI BADAVANE 1ST MAIN, DAVANGERE 1(d) K.G.VASANTHA KUMARI D/O LATE K.G.MALLAPPA AGED 54 YEARS # 696/15, “SRI RANGA” SRINIVASA NAGAR, 10TH CROSS BEHIND ITI COLLEGE NEAR WATER TANK HADADI ROAD DAVANGERE -577005 1(e) K.G.LEELA D/O LATE K.G.MALLAPPA AGED 52 YEARS # 1674/2A, “MANASA” SRINIVASA NAGAR, 4TH CROSS HADADI ROAD, DAVANGERE-577 005 1(f) K.G.SHIVASHANKAR S/O LATE K.G.MALLAPPA AGED 50 YEARS KANDAGAL (P) # 23 DAVANGERE (T & D)-577514 ..APPELLANTS (BY M/s. SHIVAYOGIMATH ASSOCIATES, ADVOCATES, FOR A-1(a) to (f) – ABSENT) AND:
1. SRI K G BASAPPA S/O RUDRAPPA AGED ABOUT 73 YEARS, OCC:AGRICULTURE, R/AT KANDAGAL VILLAGE TQ. AND DIST; DAVANAGERE-577006 2.THE DEPUTY TAHSILDAR NADAKACHERI MAYAKONDA, TQ. AND DIST., DAVANAGERE-577006 3. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, DAVANAGERE-577006 4.THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANASOUDHA, BANGALORE-560 001 5. SMT VEERAMMA D/O RUDRAPA W/O VEERAPPA HARIYAPPALAVARE, AGED ABOUT 59 YEARS R/AT TYAVANAGI CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577006 6.SHANTHAMMA D/O RURAPPA W/O VEERAPPA HANCHINAMANE AGED ABOUT 56 YEARS R/AT SIDDAPURA, CHITRADURGA TALUK-577501 7.BASAMMA D/O RUDRAPPA W/O HALAPPA KODERA AGED ABOUT 53 YEARS R/AT TYAVANAGI CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577006 8.MAHADEVAMMA D/O RUDRAPPA W/O LATE NAGENDRAPPA AGED ABOUT 50 YEARS R/AT MCC 'A' BLOCK D.NO.9-2059/2, 2ND MAIN, NEAR DEVALGI BUILDING, DAVANAGERE-577 006 9.SHARADAMMA D/O RUDRAPPA W/O NAGAPPA AGED ABOUT 49 YEARS R/AT D.NO.16, VISHWESWARANAGAR, NEAR SUB JAIL, HUBLI, DHARWAD DISTRICT-587001 ..RESPONDENTS (BY SRI G. NANDEESH, ADVOCATE FOR R-6, 8 & 9, R-5, 7 –SERVED, GOVERNMENT ADVOCATE FOR R2-R4, APPEAL AGAINST R-1 IS ABATED VIDE ORDER DATED 08.03.2018) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 20.12.2005 PASSED IN R.A.NO.87/2002 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN), DAVANAGERE, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED:13.03.2002 PASSED IN O.S.NO.271/93 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN), DAVANAGERE.
THIS RSA COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for appellants absent. No representation.
Appeal is of the year 2006 in terms of the present proceedings and of the year 2002 in terms of the regular appeal and of the year 1993 in terms of the original suit. It appears that appellants are not interested in prosecuting the appeal. Hence, appeal is dismissed for non-prosecution.
Sd/- JUDGE SBN