IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4th DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO REGULAR FIRST APPEAL NO.1964/2006 (INJ.) BETWEEN:
1. M. RAMANNA S/O. LATE MUNISWAMY AGED ABOUT 72 YEARS 2. M.K. RAMESH S/O. KRISHNAPPA AGED ABOUT 38 YEARS BOTH ARE RESIDING AT MANGAMMANAPALYA VILLAGE, BEGUR HOBLI, BANGALORE-560 068 ... APPELLANTS (BY SRI MANJUNATH, ADV., FOR SRI G. MANIVANNAN & SRI M. PRAKASH, ADVS.) AND 1. NANJUNDAPPA, S/O. LATE DODDAMUNISWAMAPPA AGED ABOUT 68 YEARS 2. M. MUNIRAMAIAH, S/O. LATE DODDAMUNISWAMAPPA AGED ABOUT 65 YEARS, 3. M. MOTAPPA S/O. LATE DODDAMUNISWAMAPPA AGED ABOUT 50 YEARS 4. R. RAMASWAMY S/O. LATE DODDAMUNISWAMAPPA AGED ABOUT 46 YEARS 5. B. CHINNAPPA S/O. BUDDAPPA AGED ABOUT 58 YEARS 1 TO 5 ARE RESIDING AT MANGAMMANAPALYA VILLAGE BEGUR HOBLI BANGALORE-560 068 .. RESPONDENTS (BY SRI R. KRISHNA REDDY & SRI K.P. CHANDRASHEKAR REDDY, ADVS., FOR R5; R1 TO R4 ARE SERVED, UNREPRESENTED) THIS REGULAR FIRST APPEAL IS FILED U/S.96 ORDER XLI RULE 1 OF C.P.C., AGAINST THE JUDGMENT AND DECREE DTD.20.07.2006 PASSED IN O.S. NO.515/1998 ON THE FILE OF THE V ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FOR INJUNCTION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel for the appellants submits that he has given back the file to the party 15 days back and further submits that he has information regarding the death of the appellant.
2. On 19.11.2019 this appeal was adjourned to 04.12.2019 conditionally, subject to prosecution of the appeal today. In case the appellant is dead, date of death is not reported. Besides learned counsel has gone on record while submitting that he has already given back the file.
3. Thus, the appeal is dismissed for non-prosecution Sbs Sd/- JUDGE