IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL MISCELLANEOUS FIRST APPEAL NO.7916/2011 BETWEEN:
1. SMT.PARVATHI BAI AGED ABOUT 80 YEARS W/O LATE B.H.PARAMESHWARA RAO 2. SMT.LAKSHMIKANTHA AGED ABOUT 58 YEARS D/O LATE B.H.PARAMESHWARA RAO 3. SMT.HAMSA BAI AGED ABOUT 55 YEARS D/O LATE B.H.PARAMESHWARA RAO 4. SRI B.P.LAXMAN RAO AGED ABOUT 52 YEARS S/O LATE B.H.PARAMESHWARA RAO 5. SMT.NALINI AGED ABOUT 48 YEARS D/O LATE B.H.PARAMESHWARA RAO 6. SMT.SHOBHA PRAKASH AGED ABOUT 45 YEARS D/O LATE B.H.PARAMESHWARA RAO ALL ARE R/AT KIRLOSKAR LAYOUT BASAVESHWARA NAGAR BANGALORE – 560 079 ALL ARE REPRESENTED BY THEIR G.P.A. HOLDER SRI M.LOKESH AGED ABOUT 33 YEARS R/AT NO.12, RAMAIAH LAYOUT NEAR DAIRY CIRCLE S.G.PALYA, BANGALORE – 560 029 …APPELLANTS (BY SRI G.B.MANJUNATHA, ADVOCATE [ABSENT]) AND:
1. SRI MUNISUBBA AGED ABOUT 60 YEARS S/O LATE MUNIBYRAPPA 2. SRI KODANDARAMA AGED ABOUT 40 YEARS S/O LATE MUNIRANGAPPA 3. SRI SOMASHEKAR AGED ABOUT 40 YEARS S/O LATE THIMARAYAPPA R1 TO R3 ARE PRESENTLY R/AT VASANTHAPURA SUBRAMANYAPURA POST BANGALORE – 560 061 4. SRI BALAKRISHNA NAIDU AGED ABOUT 45 YEARS S/O RAMA NAIDU 5. SMT.S.B.JAYALAKSHMI NAIDU AGED ABOUT 40 YEARS W/O SRI BALAKRISHNA NAIDU R4 AND R5 ARE R/AT NO.12-17, BALAKRISHNA RESIDENCY 24TH MAIN, 7TH PHASE, J.P.NAGAR BANGALORE – 560 078 … RESPONDENTS (BY SRI V.VISWANATH, ADVOCATE FOR C/R1 TO R3; NOTICE NOT ORDERED IN RESPECT OF R4 AND R5) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(r) OF CPC PRAYING TO SET ASIDE THE ORDER DATED 06.08.2011 PASSED BY THE XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE ON I.A.NO.3 IN O.S.NO.3311/2011.
THIS MFA COMING ON FOR SETTLEMENT THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T No representation for the appellants. At request of learned Counsel for the appellants, time was granted to report settlement since 12.12.2018. Despite granting several adjournments, no settlement is reported.
2. It appears that the appellants are not interested in prosecuting this matter. This appeal is only against interim order. If at all the parties settle the matter, they can report settlement before the trial Court.
3. With these observations, the appeal is dismissed for non-prosecution.
KSR Sd/- JUDGE