IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1657 OF 2017 BETWEEN 1. Smt. Saraswathamma, W/o. N.Gopalakrishna, Aged about 68 years, 2. Smt. Aruna, D/o. N.Gopalakrishna, Aged about 44 years, 3. Smt. Jayanthi, D/o. N.Gopalakrishna, Aged about 42 years, 4. Smt. Hemavathi, D/o. N.Gopalakrishna, Aged about 40 years, 5. Smt. Meena, D/o. N.Gopalakrishna, Aged about 38 years, 6. Sri. Kumar, S/o. N.Gopalakrishna, Aged about 35 years, 7. Smt. Janakamma, W/o. Late Narayanamurthy, Aged about 70 years, 8. Sri. Srinivasa, S/o. Ammayamma, Aged about 54 years, 9. Chandrashekara Babu, S/o. Ammajamma, Aged about 45 years, 10. Smt. Yamuna, D/o. Ammajamma, Aged about 35 years, 11. M.Raju, S/o. Ammajamma, Aged about 32 years, 12. Puttarajamma, D/o. Late Chikkarasappa, Aged about 60 years, 13. Rajashekara, S/o. Late Chikkarasappa, Aged about 58 years, 14. Smt. Nirmala, D/o. Late Chikkarasappa, Aged about 55 years, All are residing at Mallasandra Village, T.Dasarahalli Post, Yeswanthapura Hobli, Bengaluru North Taluk, Bengaluru-560057.
All are Rep. by their Power of Attorney Holder V.Rajaiah, S/o. Late Vaddigappa, Aged about 63 years, R/at No.120, 6th Cross, Kadirappa Road, Cox Town, Bengaluru-560005.
(By Sri. N.Balaram, Advocate - Absent) …Appellants AND 1. Smt. Lakshmamma, W/o. Late B.C.hanumanthaiah, Aged about 56 years, R/at No.20/20A, 12th Cross, 8th Main, Bhuvaneshwari Nagar, T.Dasarahalli, Bengaluru-560057.
2. Smt. Janabai, W/o. Krishnoji Rao, Aged about 82 years, 3. Smt. K.Dhanalakshmi, D/o. Krishnoji Rao, Aged about 62 years, R2 & R3 are R/at No.96, Prasanth Nilaya, Pipeline Road, Prasanth Nagar, T.Dasarahalli, Bengaluru-560057.
…Respondents (By Sri. T.C.Sathishkumar, Advocate for C/R1) This RFA is filed under Order XLI Rule 1 and under Section 96 of CPC against the judgment and decree dated 01.06.2017 passed in O.S.No.7746/2008 on the file of the XXIV Additional City Civil and Sessions Judge, Bengaluru City dismissing the suit for declaration and injunction.
This RFA coming on for orders, this day, the Court made the following:
ORDER The appellants’ counsel is absent today also. Learned counsel for the respondents is present. He submits that copy of I.A.1/18 is not furnished to him. Order sheet shows that the appellants’ counsel is continuously absent. Therefore appeal is dismissed for non-prosecution.
Sd/- JUDGE sd