IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO REGULAR SECOND APPEAL No.19/2006 C/W REGULAR SECOND APPEAL No.653/2016 IN RSA No.19/2006 BETWEEN:
Smt.L.Gangli Bai W/o Late Sakryanaik, R/o Machihalli Thanda, Harapanahalli Taluk, Davanagere District – 583 131. Since dead by LR’s 1. Sri.Ganesh Naik @ Ganapathy Naik, S/o Kariya Naika, Aged about 33 years, 2. Gajapathy Naik S/o Kariya Naika, Aged about 27 years, 3. Smt.Nirmala Bai W/o Late Venkatesh Naik, Major, 4. Sri.Somla Naik S/o Sakrya Naik, Aged about 28 years, 5. Sri.Ravi Naik S/o Somla Naika, Aged about 28 years, 6. Vijaya Naik S/o Somla Naika, Aged about 26 years, 7. Smt.Sheela Bai W/o Late Arjun Naik, Aged about 45 years, 8. Naveen Kumar S/o late Arjun Naik, Aged about 16 years,, Minor Represented by his natural guardian mother Smt.Sheela Bai All are residents of Machihalli Tanda Harappanahalli Taluk, Davanagere District – 583 131. …Appellants (By Sri.B.M.Siddappa, Advocate-Absent) AND:
1. Basavarajappa S/o Hanumangouda (since dead, the respondent Nos.2 and 3 are treated as Legal Representatives of respondent No.1 as per the Court order dated 26.11.2014) 2. S.Ashok Kumar S/o Basavarajappa Aged about 54 years, 3. S.Nagabushan S/o Basavarajappa, Aged about 46 years, All are residents of Machihalli Tanda, Harappanahalli Taluk, Davanagere District – 583 131.
… Respondents (By Sri.Bipin Hegde, Advocate for R2 & R3) This Regular Second Appeal is filed under Section 100 of the Code of Civil Procedure against the Judgment and decree dated 05.08.2005 passed in R.A. No.331/2002 on the file of the Civil Judge (Senior Division), Harihar allowing the appeal and setting aside the judgment and decree dated 08.09.1997 passed in O.S.No.68/91 on the file of the Civil Judge (Jr.Dvn), Harapanahalli.
IN RSA No.653/2016 BETWEEN:
Smt.Gangli Bai W/o Late Sakrya Naika, Since dead by LR’s 1. Sri.Ganesh Naik @ Ganapathy Naik, S/o Kariya Naika, Aged about 43 years, 2. Gajapathy Naik S/o Kariya Naika, Aged about 37 years, 3. Smt.Nirmala Bai W/o Late Venkatesh Naik, Major, 4. Sri.Somla Naik S/o Sakrya Naik, Aged about 38 years, 5. Sri.Ravi Naik S/o Somla Naika, Aged about 38 years, 6. Vijaya Naik S/o Somla Naika, Aged about 36 years, Late Arjuna Naika Died by LRs 7. Smt.Sheela Bai W/o Late Arjun Naik, Aged about 55 years, 8. Naveen Kumar S/o late Arjun Naik, Aged about 26 years,, Minor Represented by his natural guardian mother Smt.Sheela Bai All are residents of Machihalli Tanda Harappanahalli Taluk, Davanagere District – 583 131.
(By Sri.B.M.Siddappa, Advocate-Absent) …Appellants AND:
1. Basavarajappa S/o Hanumangouda Aged about 91 years, (Since dead, respondent Nos.2 and 3 are treated as legal Representatives of respondent No.1 as per the Court order dated 01.03.2017) 2. S.Ashok Kumar S/o Basavarajappa Aged about 46 years, 3. S.Nagabushan S/o Basavarajappa, Aged about 46 years, All are residents of Machihalli Tanda, Harappanahalli Taluk, Davanagere District – 583 131.
… Respondents (By Sri.Bipin Hegde, Advocate for R2 & R3) This Regular Second Appeal is filed under Section 100 of the Code of Civil Procedure against the Judgment and decree dated 05.08.2005 passed in R.A. No.332/2002 on the file of the Civil Judge (Senior Division), Harihar allowing the appeal and setting aside the judgment and decree dated 08.09.1997 passed in O.S.No.46/91 on the file of the Civil Judge (Jr.Dvn), Harapanahalli.
These Regular Second Appeals coming on for orders, this day, the Court delivered the following:
J U D G M E N T Learned counsel for the appellants and respondents are absent.
No representation.
Paper book is not filed. Hence, appeals are dismissed for non-prosecution.
Sd/-
JUDGE UN