IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD REGULAR FIRST APPEAL NO. 1380 OF 2015 BETWEEN:
1.MANCHAIAH SON OF LATE MANCHAIAH AGED ABOUT 54 YEARS.
2.SIDDA, SON OF LATE MANCHAIAH AGED ABOUT 49 YEARS.
3.SIDDAIAH SON OFLATE CHIKKAMANCHAIAH AGED ABOUT 74 YEARS 4.MANCHAPPA SON OF LATE THIMMAIAH AGED ABOUT 49 YEARS ALL ARE RESIDING AT MELLAHALLI VILLAGE, VARUNA HOBLI, MYSURU TALUK AND DISTRICT – 570 011.
... APPELLANTS (BY SRI. B. S. BUDIHAL, ADVOCATE(ABSENT)) AND:
1.SMT. SAKAMMA WIFE OF LATE JAVARAIAH AGED ABOUT 74 YEARS 2.JOGAIAH SON OF LATE JAVARAIAH, AGED ABOUT 39 YEARS.
RESPONDENT NO.1 AND 2 ARE RESIDING AT MELLAHALLI VILLAGE VARUNA HOBLI, MYSURU TALUK AND DISTRICT – 570 011.
3.NOOR EQBAL SON OF MOHAMMED EQBAL AGED ABOUT 54 YEARS RESIDING AT SY. NO. 1052 GAROHALLI, VARUNA HOBLI MYSURU TALUK AND DISTRICT – 570 007.
4.SIDDAMMA DAUGHTER OF LATE JAVARAIAH AGED ABOUT 39 YEARS RESIDING AT MELLAHALLI VILLAGE VARUNA HOBLI, MYSURU – 570 007.
5.SRI.VIKRAM SON OF GOWTHAM CHAND AGED ABOUT 39 YEARS RESIDING AT NO. 611 3RD RAMACHANDRA AGRAHARA KILLEMOHALLA MYSURU CITY – 570 024.
... RESPONDENTS (BY SRI. ADITYA NARAYAN, ADVOCATE FOR R1, R2 AND R4) THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41 RULE 1 READ WITH SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.07.2014 PASSED IN O.S NO.1091 OF 2006 ON THE FILE OF IV ADDL. SENIOR CIVIL JUDGE, MYSURU, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT There was no representation on 30.11.2017. Even then, two weeks’ time was granted failing which it was ordered that the matter would be listed for dismissal. Today also, counsel for the appellants is absent. Hence, the appeal is dismissed.
SD/- SD/-
JUDGE JUDGE nv