IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE N.K.SUDHINDRARAO REGULAR SECOND APPEAL NO.432 OF 2010 (Inj) BETWEEN:
SMT.RAMAKKA SINCE DECEASED BY LRs:
(a) SRI ANJANAPPA, AGED 72 YEARS.
(b) SRI ANANTH KUMAR, S/O ANJANAPPA, AGED 32 YEARS.
(c) SRI MANJUNATH, S/O ANJANAPPA, AGED 28 YEARS.
(d) SMT.LAXMAMMA, W/O MUNINARAYANAPPA, AGED 36 YEARS.
ALL ARE RESIDING AT VELAGALABURRA VILLAGE, KOLAR TALUK, KOLAR DISTRICT. ...APPELLANTS (BY SRI CHANDRA MOHAN.J.G., ADVOCATE) AND:
SRI MUNIYAPPA, S/O LATE DODDA MUNISHAMAPPA, AGED ABOUT 67 YEARS, REPRESENTED BY HIS SPL.PA HOLDER, VENKATESH, S/O MUNIYAPPA, AGED 38 YEARS, R/AT VELAGALABURRA VILLAGE, KOLAR TALUK, KOLAR DISTRICT. ...RESPONDENT (BY SRI SHRINATH.A, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 03.11.2009 PASSED IN R.A.NO.269/2008 ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN.) & CJM., KOLAR ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 18.08.2008 PASSED IN O.S.NO.270/2007 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (JR.DN.) KOLAR.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T On 09.12.2016, appellant was permitted to withdraw I.A.Nos.4 to 6 of 2012 filed to bring legal representatives of the deceased respondent on record, with liberty to re-file the same.
Now, it has been more than two years eight months, no fresh steps have been taken so far. Hence, the liberty granted is hereby withdrawn. The appeal stands abated.
Sd/- JUDGE dh