IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE Between:
The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No.772 OF 2018 1. M.SRIDHAR RAO DEAD BY LR’S (A) SMT.M.KAMALA W/O.LATE M.SRIDHARA RAO AGED ABOUT 85 YEARS R/AT MISSION COMPOUND 1ST MAIN ROAD SHIVAMOGGA (B) SMT.M.ASHA D/O. LATE M.SRIDHARA RAO W/O.U.RAMAMURTHY AGED ABOUT 65 YEARS R/AT MUMBAI (C) M.RAMESH S/O.LATE M.SRIDHARA RAO AGED ABOUT 62 YEARS, ADVOCATE R/AT GANDHI BAZAAR SHIVAMOGGA – 577 202 (D) SMT.M.SUDHA D/O.LATE M.SRIDHARA RAO AGED ABOUT 55 YEARS ADVOCATE R/AT MISSION COMPOUND, 1ST MAIN SHIVAMOGGA … APPELLANTS (BY SRI.SURESH S.LOKRE, ADVOCATE - ABSENT) AND:-
1. M.ARVIND S/O.NAGESH RAO AGED ABOUT 73 YEARS TRIVENI TEXTILE, GANDHI BAZAR SHIVAMOGGA DEAD BY LR’S 1(A) SMT.SUMATHI W/O. LATE M.ARVIND AGED ABOUT 60 YEARS R/AT 69 FT. ROAD OPP. HIG HOUSE (GARDEN HOUSE) GOPALA GOWDA EXTENSION SHIVAMOGGA 1(B) AMAR S/O.LATE M.ARVIND AGED ABOUT 40 YEARS OLIVE WEST APARTMENT 1267, VINCENTE DRIVE APARTMENT NO.140 SUNNY VALE/CA C.A.94086 USA 1(C) SMT.SUNITHA W/O.KEDARNATH AGED ABOUT 31 YEARS C/O.BAHUSARA AGENCY NO.33, DHIBSTSMPRY MAKKAJ CHOWK MYSORE.
1(D) SMT JYOTHI W/O DR KEHAVA PRASAD AGED ABOUT 30 YEARS 4TH BLOCK, 6TH MAIN, BAZAAR, SHIVAMOGGA.
2. M GANESH, S/O M NAGTESH RAO, AGED ABOUT 71 YEARS, TRIVENI TEXTILES, R/O GANDHI BAZAAR SHIVAMOGGA.
3. M MOHANRAO, S/O M NAGESH RAO, AGED ABOUT 61 YEARS, TRIVENI TEXTILES, R/O GANDHI BAZAAR, SHIVAMOGGA.
4. M KIRAN, S/O M NAGESH RAO, AGED ABOUT 55 YEARS, TRIVENI TEXTILES, R/O GANDHI BAZAAR, SHIVAMOGGA.
5. SMT RENUKA BAI, W/O DATTATRI RAO, MAJOR TIMBER MERCHANT, R/O OLD HUBLI HUBLI.
6. SMT MEENAKSHI, W/O KRISHNAMURTHY RAO, MAJOR, M/S AMBARKAR VENKANNA AND SONS CLOTH MERCHANTS, DAVANGERE.
7. SMT GEETHA BAI, W/O T JANARDHAN, MAJOR CLOTH MERCHANTS, R/O JANNAPURA, BHADRAVATHI.
8. RUKMINI BAI, W/O A ANANTHA RAO, MAJOR BOORJANHATTI, CHITRADURGA.
DEAD BY LRS 8(A) A.ANANTHA RAO, AGED ABOUT 75 YEARS, C/O SURESH TAILORS, UPSTAIRS, SANTHEPET, CHITRADURGA, 8(B) SMT. KALAVATHI, D/O RUKMANI BAI, AGED ABOUT 40 YEARS, TAILOR, MOHAN CLOTH STORES, GANDHI SQUARE, DAVANGERE.
8(C) SMT. GIRAJA BAI D/O RUKMANI BAI AGED ABOUT 35 YEARS, BED MAKERS, K B EXTENSION, DAVANGERE.
8(D) JAGADISH S/O RUKMANI BAI AGED ABOUT 26 YEARS, TAILOR, K B EXTENSION, DAVANGERE.
8(E) A SURESH S/O RUKMANI BAI AGED ABOUT 30 YEARS, SURESH TAILORS UPSTAIRS, SANTHEPET, CHITRADURGA.
9. SMT. PARVATHI BAI, W/O RAMAKRISHNA RAO, MAJOR, H.NO.404, II STAGE, NEAR MILK COLONY, MALLESHWARAM WEST, BANGALORE – 560 003.
10. SMT. SAROJA BAI, W/O PILLOJI RAO, MAJOR, R/O AVINAKERI, (NEAR AGASARAKERI).
11. SMT PREMA BAI, W/O MOHAN RAO, MAJOR, GOPALA EXTENSION, HUDCO COLONY, SHIVAMOGGA.
…RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC, TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN O.S.NO.404/1986 PASSED BY THE CIVIL JUDGE JR. DIVISION AT SHIVAMOGGA ON 16.06.2000;
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT None appears for the appellants.
2. This Court on 25.09.2019, granted three 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