IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD REGULAR SECOND APPEAL No.904 OF 2017 BETWEEN SMT LAKSHMAMMA D/IN LAW OF LATE TIRUMALAIAH, W/O LATE SHESHAGIRIYAYYA, AGED ABOUT 75 YEARS, R/AT DASARAHALLI VILLAGE, DENKANIKOTTA TALUK, DHARMAPURI DISTRICT. ... APPELLANT (BY SRI K.R. ANANTHA MURTHY, ADVOCATE - ABSENT) AND SHESHAGIRAIAH S/O LATE SHEENAPPA DIED ON 21.11.2013 BY HIS LRs 1. SMT NATCHARAMMA W/O LATE SHESHAGIRIYAYYA, AGED ABOUT 78 YEARS, 2. SMT NAGALAKSHMI D/O LATE SHESHAGIRIYAYYA, AGED ABOUT 78 YEARS, 3. NARAYANA S/O LATE SHESHAGIRIYAYYA, AGED ABOUT 53 YEARS, 4. SMT RUKMINI D/O LATE SHESHAGIRIYAYYA, AGED ABOUT 51 YEARS, 5. SMT SHANTHAMMA D/O LATE SHESHAGIRIYAYYA, AGED ABOUT 52 YEARS, 6. PADMANABHA S/O LATE SHESHAGIRIYAYYA, AGED ABOUT 49 YEARS, 7. NAGASHAYANA S/O LATE SHESHAGIRIYAYYA, AGED ABOUT 47 YEARS, 8. SMT SHAKUNTHALA D/O LATE SHESHAGIRIYAYYA, AGED ABOUT 45 YEARS, 9. SMT AMBUJA D/O LATE SHESHAGIRIYAYYA, AGED ABOUT 43 YEARS, 10. SMT BHAGYALAKSHMI D/O LATE SHESHAGIRIYAYYA, AGED ABOUT 41 YEARS, LAKSHMIPATHAIAH S/O LATE SHEENAPPA DIED ON 20.09.2014 BY HIS LRs 11. SMT SARASWATHI D/O LATE LAKSHMIPATHAIAH AGED ABOUT 60 YEARS, 12. GOVARDHAN S/O LATE LAKSHMIPATHAIAH, AGED ABOUT 57 YEARS, 13. RAGHU S/O LATE LAKSHMIPATHAIAH, AGED ABOUT 55 YEARS, 14. SMT THOYAJAKSHI D/O LATE LAKSHMIPATHAIAH, AGED ABOUT 53 YEARS, 15. SMT KAMALA D/O LATE LAKSHMIPATHAIAH, AGED ABOUT 51 YEARS, 16. SMT KALAVATHI D/O LATE LAKSHMIPATHAIAH, AGED ABOUT 49 YEARS, 17. SMT SUDHA D/O LATE LAKSHMIPATHAIAH, AGED ABOUT 47 YEARS, ALL ARE RESIDING AT NAGOHALLI VILLAGE KAILANCHA HOBLI, RAMANAGARA TQ.
18. SMT NACHARAMMA W/O LATE GOVINDAIAH, D/IN LAW OF LATE SHEENAPPA, AGED 75 YEASRS, C/O NARAYANA, ARCHIKA, D.NO.18, 13TH CROSS, KETHAMARANAHALLI, RAJAJINAGAR 1ST BLOCK, BANGALORE-10.
19. ANANDARAMU S/O LATE KRISHNAIAH, AGED 60 YEARS, 20. SMT SUSHEELA W/O LATE NATARAJU V, AGED 46 YEARS, 21. DEEPAK S/O LATE NATARAJU V, AGED ABOUT 32 YEARS, WORKING AS ATTENDER, PWD OFFICE, MANCHANABELE PROJECT, RAMANAGARA TOWN.
22. PUNEET S/O LATE NATARJU V, AGED ABOUT 21 YEARS, 23. SAMPATH KUMAR V S/O LATE VENKATARAMAIAH, AGED ABOUT 49 YEARS, 24. RAMESH V S/O LATE VENKATARAMAIAH, AGED ABOUT 37 YEARS, 25. SMT LAKSHMAMMA W/O LATE VENKATARAMAIAH, AGED ABOUT 75 YEARS, 26. SMT GEETHAMBA D/O LATE VENKATARAMAIAH, AGED ABOUT 45 YEARS, NO.25 AND 26 ARE R/AT C/O VENKATARAMU, KEB COLONY, NO.82 NEAR 2ND BOREWELL, MANDYA TOWN.
27. SMT SHAKUNTHALA D/O LATE VENKATARAMAIAH, W/O NARASIMHACHAR, AGED ABOUT 41 YEARS, R/AT DASARAHALLI VILLAGE, THALI POST, DENKANIKOTE TALUK, DHARAMPURI (D) TAMIL NADU 28. SMT SUDHA D/O LATE VENKATARAMIAH, W/O VENKATARAMU AGED ABOUT 39 YEARS, R/AT RAMU TAILOR SHOP, 9TH CROSS, J.C.NAGAR, KURUBARAHALLI, BANGALORE.
29. SMT VASANTHA LAKSHMI D/O LATE VENKATARAMIAH, W/O ANIL KUMAR, AGED ABOUT 34 YEARS, R/AT NEAR ANJANEYASWAMY TEMPLE, NAGASANDRA, NEXT TO ARALIMARA BASAVANAGUDI, BANGALORE-4.
30. SMT VARALAKSHMAMMA W/O LATE KODANDARAMAIAH, AGED ABOUT 77 YEARS, 31. SMT ANUSUYA W/O LATE VENUGOPAL, AGED ABOUT 47 YEARS 32. V ROHIT S/O LATE VENUGOPAL, AGED ABOUT 26 YEARS, 33. V KARTHIK S/O LATE VENUGOPAL, AGED ABOUT 25 YEARS, SMT JALAJAKSHI D/O KODANDARAMAIAH W/O L.N.SRIDHAR (DIED ON 02.12.2012) BY HER LR’S L.N.SRIDHAR S/O LAKSHMINARAYANA DIED ON 16.01.2013 34. SMT UMA W/O R.SRINIVAS, AGED ABOUT 35 YEARS, R/AT NO.22, TEMPLE ROAD, GANESHA BLOCK, 3RD CROSS, MAHALAKSHMI LAYOUT, BANGALORE-560086.
35. SMT NIRMALA D/O.SRIDHAR, AGED ABOUT 31 YEARS, R/AT GOPASANDRA, KRISHNAGIRI ROAD, HOSUR TALUK, KRISHNAGIRI DISTRICT.
36. SMT ROOPA W/O ADINARAYANA, AGED ABOUT 28 YEARS, R/AT DASARAHALLI VILLAGE, THALI POST, BENKANIKOTE TALUK, KRISHNAGIRI DISTRICT.
37. SMT SHOBHA D/O SRIDHAR, AGED ABOUT 25 YEARS, RESIDING AT PATTANAGERE VILLAGE, RAJARAJESHWARINAGARA, BANGALORE.
38. SMT VIJAYALAKSHMI D/O LATE KODANDARAMAIAH, W/O SARVOTHAMA, AGED ABOUT 57 YEARS, D.NO.61, 4TH CROSS, VINAYAKANAGARA, NEAR MICO LAYOUT, BANGALORE.
SMT VEDAVATHI SINCE DIED ON 27.07.2006 BY HER LR’S 39. K MURALIDHAR H/O LATE VEDAVATHI, AGED ABOUT 59 YEARS, 40. KUMARI SANDHYA D/O LATE VEDAVATHI, AGED ABOUT 29 YEARS, 41. HARI KIRAN S/O LATE VEDAVATHI, AGED ABOUT 31 YEARS, 39, 40 & 41 ARE R/AT NO.2, 3RD MAIN ROAD, KALYAN NAGAR NAGARBHAVI MAIN ROAD, BANGALORE-22.
42. SMT PREMA D/O LATE KODANDARAMAIAH, W/O CHENNARAJAIAH, AGED ABOUT 47 YEARS, R/AT D.NO.L-59, OLD TEMPLE ROAD, HOSUR-635109.
43. SMT VENKATAMMA W/O LATE RANGAPPA @ RANGAIAH, AGED ABOUT 90 YEARS, 44. R JAYARAMU S/O LATE RANGAPPA @ RANGAIAH, AGED ABOUT 63 YEARS, 45. R GOPAL S/O LATE RANGAPPA @ RANGAIAH, AGED ABOUT 55 YEARS, 46. SMT RATHNAMMA D/O LATE RANGAPPA @ RANGAIAH, W/O LAKSHMINARAYA, AGED ABOUT 60 YEARS, NEAR WATER TANK DENKANIKOTE TOWN DHARMAPURII DISTRICT SMT CHOODAMANI SINCE DEAD BY HER LRS 47. KODANDARAMU S/O LATE KRISHNAIAH, AGED ABOUT 57 YEARS, 48. SATISH S/O KODANDARAMU AGED ABOUT 33 YEARS, 49. LOKESH S/O KODANDARAMU AGED ABOUT 31 YEARS, 47, 48 & 49 ARE R/AT GOPASANDRA VILLAGE, TALI POST, DENKANIKOTA TALUK, DHARMAPURI DISTRICT.
50. SMT SAROJAMMA D/O LATE RANGAPPA @ RANGAIAH, W/O GOVINDAIAH, AGED ABOUT 49 YEARS, CHAMANAHALLI POST, HOSUR TALUK, DHARMPURI DISTRICT.
51. SMT GOPAMMA D/O LATE RANGAPPA @ RANGAIAH, AGED ABOUT 45 YEARS, 52. SMT YESHODAMMA W/O THIMMAIAH, AGED ABOUT 77 YEARS, 53. SMT ANUSOOYA D/O LATE THIMMAIAH AGED ABOUT 55 YEARS, 54. SMT SHANTHA D/O THIMMAIAH, W/O NAGASHAYANA, AGED ABOUT 41 YEARS, DALASURU, DENKANIKOTA TALUK, DHARAMPURI DISTRICT.
55. SMT UMA D/O LATE THIMMAIAH, W/O HARIKUMAR, AGED ABOUT 38 YEARS, C/O CHENNAKESHAVA ANJANAPURA, KANAKAPURA ROAD, BANGALORE SOUTH TALUK.
56. SMT BHAGYA D/O LATE THIMMAIAH, AGED ABOUT 35 YEARS, 57. SRIHARI S/O LATE THIMMAIAH, AGED ABOUT 52 YEARS, 58. VENU S/O LATE THIMMAIAH, AGED ABOUT 48 YEARS, 56, 57 & 58 ARE R/AT C/O CHENNAKESHAVA, ANJANAPURA VILLAGE AND POST, KANAKAPURA ROAD, BANGALORE SOUTH TALUK-42.
59. SANJEEVAIAH S/O LATE RAMAIAH, AGED ABOUT 81 YEARS, R/AT D.NO.22, TEMPLE ROAD, GANESHA BLOCK, 3RD CROSS, MAHALAKSHMI LAYOUT, BANGALORE-86.
LAKSHMINARAYANAIAH S/O LATE RAMAIAH BY HIS LR’S 60. SMT ALAMELAMMA W/O LATE LAKSHMINARAYANAIAH, AGED ABOUT 70 YEARS, D.NO.19/50, PALEGARA BEEDI, ANEKAL TALUK.
61. RAVI S/O LATE LAHMINARAYANAIAH, AGED ABOUT 47 YEARS, SNEHA MEDICAL SHOP, BAZAAR STREET, SARJAPURA ANEKAL TALUK BENGALURU DISTRICT 62. SMT SHYLAJA D/O LATE LAHMINARAYANAIAH, AGED ABOUT 35 YEARS, NO.436, ROYAL PARK RESIDENCY, J.C.NAGAR, 9TH PHASE, ANJANAPURA, BANGALORE.
63. SMT PRAMILA D/O LATE LAKSHMINARAYANAIAH, AGED ABOUT 29 YEARS, DASARAHALLI VILLAGE, THALI POST, DENKANIKOTE TALUK, KRISHNAGIRI DISTRICT.
64. ARUN D/O LATE LAKSHMINARAYANAIAH, AGED ABOUT 31 YEARS, NO.19/50, PALEGARA BEEDI, ANEKAL TALUK.
65. SMT SUJATHA D/O LATE LAKSHMINARAYANAIAH, AGED ABOUT 27 YEARS NO.194/5, ATHIBELE RAGHUPATHI BUILDING, MANCHENAHALLI CROSS, ANEKAL TALUK, BANGALORE.
66. SMT VENKATAMMA W/O LATE KRISHNAPPA, AGED ABOUT 77 YEARS, KRISHNAIAH S/O LATE THIMMAMMA SINCE DEAD BY HIS LR’S 67. SURESH S/O LATE KRISHNAIAH, AGED ABOUT 39 YEARS, 68. CHENNARAJ S/O LATE KRISHNAIAH, AGED ABOUT 37 YEARS, 69. SMT NALINA D/O LATE KRISHNAIAH, W/O CHENNAKESHAVALU, AGEDA BOUT 35 YEARS, R/AT KUNDUKOTTI VILLAGE & POST, DENKANIKOTA TALUK, DHARMAPURI DISTRICT-635107.
70. SHESHADRI S/O LATE KRISHNAIAH, AGED ABOUT 29 YEARS, 67, 68 & 69 ARE R/AT SALIVARAM VILLAGE AND POST, DENKANIKOTTA TQ. DHARMAPURI DISTRICT-635107.
71. SMT HEMAVATHI D/O LATE KRISHNAPPA, W/O NARASIMAIAH, AGED ABOUT 39 YEARS, R/AT HOSUR VILLAGE, BAIRAMANGALA PO, BIDADI HOBLI, RAMANAGARA TALUK.
72. SMT SUNDRAMMA D/O LATE KRISHNAPPA, AGED ABOUT 36 YEARS, R/AT SALIVARAM VILLAGE, DENKANIKOTTA TQ, DHARMAPURI DISTRICT.
73. DEVARAJ @ MURALIDHAR S/O LATE KRISHNAPPA, AGED ABOUT 35 YEARS, A.V.JANARDHAN S/O LATE VENKATAPPA DIED ON 10.07.2014 BY HIS LR’S 74. SMT J V LAKSHMAMMA W/O A.V.JANARDHAN, AGED ABOUT 63 YEARS, 75. RAGHU S/O A.V.JANARDHAN, AGED ABOUT 33 YEARS, 76. SUVARNA D/O A.V.JANARDHAN, AGED ABOUT 28 YEARS, 77. MOHAN KUMAR S/O A.V.JANARDHAN, AGED ABOUT 26 YEARS, RESPONDENT NOS.1 TO 10, 19 TO 24, 30 TO 33, 43 TO 45, 51 TO 57, 66, 74 TO 77 ARE R/AT ACHALU VILLAGE, K.P.DODDI POST, KAILANCHA HOBLI, RAMANAGARA TALUK. ... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 READ WITH ORDER XLII RULE 1 OF C.P.C. PRAYING TO CALL FOR THE RECORDS PERTAINING TO R.A.NO.65/2010 DATED 21.02.2017 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA AND THE JUDGMENT AND DECREE IN OS.NO.198/2003 DATED 16.06.2010 ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE, SENIOR DIVISION AT RAMANAGARA AND ETC.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T None appears for the appellant.
2. This Court, on 01.02.2019 granted two weeks time to comply with the office objections, subject to the condition that the appeal would stand dismissed if the office objections are not complied with. The office objections have not been complied with despite this order.
3. It is obvious that the concerned is not interested in prosecuting the appeal.
Therefore, the appeal is dismissed for default.
SD/- JUDGE RB