IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.894 OF 2004 Between:
Puttappa S/o late Rachappa, Aged about 72 years, R/o Mobballi Village, Kasaba Hobli, Nanjangud Taluk, Mysuru District.
Since deceased by LRs 1(a) Smt.Mahadevamma W/o Late Puttappa Aged about 65 years, 1(b) Smt.Kempamma D/o Late Puttappa W/o Puttaswamy Aged about 42 years, Both are R/at Anduvinahalli Village, Kasaba Hobli, Nanjangud Taluk, Mysore District.
1(c ) Smt.Vishalakshmi @ Sudha D/o Late Puttappa W/o Gurusiddappa, Aged about 27 years, 5th Cross Extension, Nanjangud Town, Mysore District.
1(d) Smt.Mahadevamma D/o late Puttappa Since deceased by LR’s 1(d)(i) Srinivas S/o Late Mahadevamma Aged about 27 years, 1(d)(ii) Somesh S/o Late Mahadevamma Aged about 22 years, 1(d)(iii) Annapurna D/o Late Mahadevamma Aged about 25 years, All are residing at Mobbahalli Village, Kasaba Hobli, Nanjangud Taluk, Mysore District. ... Appellants (Appellants-Absent) And:
M.R.Puttaswamy since deceased by LR’s 1. Smt.Chinnamma W/o M.R.Puttaswamy Aged about 56 years, 2. Rachappa S/o M.R.Puttaswamy Aged about 34 years, 3. Vrushabendrappa S/o M.R.Puttaswamy Aged about 32 years, All are residing at Mobballi Village, Kasaba Hobli, Nanjangud Taluk, Mysore District.
4. Smt.Rathnamma D/o M.R.Puttaswamy W/o H.P.Mariswamappa Aged about 36 years, R/o Anduvinahalli Village, Nanjangud Taluk, Mysore District.
5. Gowramma D/o M.R.Puttaswamy W/o Srikantamurthy Aged about 30 years, R/o Debur Village, Nanjangud Taluk, Mysore District.
6. Dakshayini D/o M.R.Puttaswamy, W/o Nanjappa, Aged about 28 years, R/o Devalapura Village, Varuna Hobli, Mysore Taluk & District. Since deceased by LR’s 6(a) Vinod S/o late Dakshayini Aged about 10 years, Since Minor, Represented by his guardian, Grandfather, Shivananjappa, S/o Doddankaih, Aged about 58 years, R/o Devalapura Village, Varuna Hobli, Mysore Taluk & District.
... Respondents (By Sri.Anil Kumar.H, Sri.B.Roopesha and Sri.M.K.Sandeep, Advocates for R1 to 5-Absent) This Regular First Appeal is filed under Section 96 of CPC, against the judgment and decree dated 21.06.2004 passed in O.S.No.119/2000 on the file Civil Judge (Sr.Dvn) & JMFC, Nanjangud decreeing the suit for partition and separate possession.
This Regular First Appeal coming on for final hearing, this day, the Court delivered the following:
ORDER Appellants are absent. The order sheet dated 30.05.2018 shows that Court notice was also issued to them. Counsel for respondent Nos.1 to 5 are also absent today. Therefore, the appeal is dismissed for non-prosecution.
Sd/- JUDGE UN