IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO R.F.A.No.216/2007 BETWEEN:
SMT.PADMAMMA AGED ABOUT 73 YEARS D/O LATE BORAIAH No.176, 1ST CROSS, JATTI BEEDHI NAZARABAD MYSORE – 570 001. …APPELLANT (BY SRI M G RAVISHA, ADVOCATE – ABSENT) AND:
1. SMT.GOWRAMMA, MAJOR S/O LATE BORAIAH 2. LAKSHMINARAYANA, MAJOR S/O LATE BORAIAH 3. MUKUNDA DIED, REP. BY HIS LRS.
3(a) SMT.RUKMANI AGED ABOUT 46 YEARS WIFE OF LATE SRI MUKUNDA 3(b) SMT.SWEETHA AGED ABOUT 24 YEARS DAUGHTER OF LATE SRI MUKUNDA.
4. BASAVARAJU, MAJOR S/O LATE BORAIAH 5. ESHWARA, MAJOR.
6. SHIVANNA, MAJOR.
7. KRISHNA, MAJOR.
8. MANJUNATA, MAJOR.
RESPONDENTS 5 TO 8 ARE THE CHILDREN OF LATE V LINGAIAH ALL ARE RESIDING AT No.767 NAZARBAD MAIN ROAD NAZARBAD, MYSORE – 570 001. …RESPONDENTS (BY SRI B ROOPESH, ADVOCATE FOR R-1. R-2 AND R-4 SERVED-UNREPRESENTED NOTICE TO R-3(A & B) HELD SUFFICIENT VIDE ORDER DATED 5.4.2013 SRI R S RAVI, ADVOCATE FOR R-5 TO R-8) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 10.10.2006 PASSED IN OS. No.58/2002 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (SR.DN.) AND CJM., MYSORE, PARTLY DECREEING AND PARTLY DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS RFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for appellant absent. No representation. Matter is of the year 2007 in terms of the present appeal and is of the year 2002 in terms of suit. No steps are taken in respect of prosecuting the application to bring legal representatives of appellant on record that to which are filed after a delay of 205 days. I.A 1/2017, I.A 2/2017, I.A 3/2017 are dismissed for non-prosecution. Consequently appeal is dismissed as abated.
Sd/- JUDGE SBN