IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD REGULAR SECOND APPEAL NO. 535 OF 2018 (INJ) BETWEEN:
SMT. RATNAMMA WIFE OF MUNIVENKATAPPA, RESIDENT OF PERJENAHALLI VILLAGE, KURUGAL POST, VEMGAL HOBLI, KOLAR TALUK – 563 101.
... APPELLANT (BY SRI. SURESH G. HEGDE., ADVOCATE (ABSENT)) AND:
1. SRI SRINIVAS SON OF LATE DODDA KEMPANNA AGED ABOUT 47 YEARS 2. SRI.ASHWATHAPPA SON OF LATE DODDA KEMPANNA, AGED ABOUT 42 YEARS.
3. SMT.RATHNAMMA WIFE OF LATE GANESH, AGED ABOUT 39 YEARS.
4. ABILASH SON OF LATE GANESH, AGED ABOUT 20 YEARS.
5. ANUSHA DAUGHTER OF LATE GANESH, AGED ABOUT 17 YEARS 'SINCE MINOR REP. BY HER MOTHER SMT.RATHNAMMA THE RESPONDENT NO.3.
RESPONDENT 3 TO 5 ARE R/AT PERJENAHALLI VILLAGE, KURUGAL POST, VEMGAL HOBLI, KOLAR TALUK - 563 101.
6. SMT.PARIJATHA WIFE OF LATE MANJUNATH, AGED ABOUT 46 YEARS.
7. ARUN KUMAR SON OF LATE MANJUNATH, AGED ABOUT 20 YEARS.
8. ISHWARYA DAUGHTER OF LATE MANJUNATH, AGED ABOUT 16 YEARS SINCE MINOR REPRESENTED BY HER MOTHER SMT.PARIJATHA RESPONDENT NO.6.
RESPONDENT NO. 6 TO 8 ARE R/AT PERJENAHALLI VILLAGE, KURUGAL POST, VEMGAL HOBLI, KOLAR TALUK - 563 101.
9. MUNINARAYANAPPA SON OF LATE MUNIYAMMA, AGED ABOUT 54 YEARS.
10. VARALAKSHMI DAUGHTER OF LATE MUNIYAMMA, WIFE OF ASHVATHAPPA, AGED ABOUT 49 YEARS.
11. PARIJATHA WIFE OF LATE MUNIYAMMA, DAUGHTER OF LATE MUNIYAMMA, AGED ABOUT 46 YEARS.
RESPONDENT NO. 9 TO 11 R/AT PERJENAHALLI VILLAGE, KURUGAL POST, VEMGAL HOBLI, KOLAR TALUK - 563 101.
12. PUTTAMMA DAUGHTER OF LATE MUNIYAMMA WIFE OF KRISHNAPPA, AGED ABOUT 41 YEARS RESIDENT OF CHIKKA KORATI VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114.
13. SAKAMMA DAUGHTER OF LATE DODDAKEMPANNA, AGED ABOUT 45 YEARS R/AT PERJENAHALLI VILLAGE, KURUGAL POST, VEMGAL HOBLI, KOLAR TALUK - 563 101.
14. SRI.CHOWDAPPA SON OF LATE RAMAPPA, AGED ABOUT 57 YEARS.
15. SMT. MUNIRATHNAMMA WIFE OF LATE THAMMANNA, AGED ABOUT 56 YEARS.
16. SRI.CHOWDAREDDY SON OF LATE THAMMANNA, AGED ABOUT 30 YEARS.
THE RESPONDENT NO. 14 TO 16 ARE RESIDENTS OF PERIJENAHALLI VEMBAL HOBLI KOLAR TALUK – 563 101.
17. SMT.GAYATRI DAUGHTER OF LATE THAMMANNA, AGED ABOUT 28 YEARS R/AT MEDIHAL VILLAGE, VEMAGAL HOBLI, KOLARA TALUK – 563 101.
18. SMT.BHAGIRATHI WIFE OF LATE RAMESH, AGED ABOUT 45 YEARS.
19. NARESH BABU SON OF LATE RAMESH, AGED ABOUT 26 YEARS.
20. MANJITH GOWDA SON OF LATE RAMESH, AGED ABOUT 24 YEARS.
RESPONDENT NO. 18 TO 20 ARE R/AT 142/3, ALLALASANDRA, YALAHANKA HOBLI, BENGALURU NORTH TALUK – 560 065.
21. SMT.KRISHNAMMA WIFE OF LATE RAMESH, AGED ABOUT 40 YEARS.
22. ARAVIND GOWDA SON OF LATE RAMESH, AGED ABOUT 25 YEARS RESPONDENT NO. 21 AND 22 ARE R/AT RAMA PATANA, MANDIKADA HOBLI, CHIKKABALLAPUR TALUK.
... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.12.2017 PASSED ON I.A. NO. I IN R.A. NO. 68/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, KOLAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.01.2011 PASSED IN O.S. NO. 139/2007 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE, KOLAR.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellant. This Court on 24.09.2019 had adjourned the appeal granting three weeks time for compliance with the office objections subject to the condition that the appeal would be listed for dismissal if there is failure to comply with the office objections. Despite this peremptory order, the office objections have not been complied with. It is obvious that the concerned is not interested in prosecuting the appeal. Therefore, the appeal is dismissed for default.
nv Ct:sr SD/- JUDGE