IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.96/2016 BETWEEN:
1. SMT.SHARADAMMA, W/O.LATE SHIVAKUMARAIAH, AGED ABOUT 40 YEARS, 2. CHI.VEERABHADRAIAH @ JAYANATH KUMAR, S/O.SHIVAKUMARAIAH, AGED ABOUT 11 YEARS, 3. CHI.SANTHOSH, S/O.SHIVAKUMARAIAH, AGED ABOUT 10 YEARS, APPELLANT No.2 AND APPELLANT No.3 ARE MINORS, REP. BY THEIR MOTHER & NATURAL GUARDIAN SMT.SHARADAMMA (APPELLANT No.1) APPELLANT NO.1 TO APPELLANT NO.3 ARE R/AT. ARASINAKUNTE VILLAGE, SOLUR HOBLI, MAGADI TALUK-562 120.
... APPELLANTS (BY SRI. LOURDU MARIYAPPA.A, ADV. – ABSENT) AND:
1. SMT.VIMALAMMA, W/O.UMESHAIAH, D/O.LATE.SRIKANTAIAH, AGED ABOUT 40 YEARS, RESIDING AT ARISINAKUNTE VILLAGE, SOLUR HOBLI, MAGADI TALUK, BENGALURU-560 093.
2. SMT. GOWRAMMA, W/O.LATE SRIKANTAIAH, AGED ABOUT 63 YEARS, R/AT ARASHINAKUNTE VILLAGE, SOLUR HOBLI, MAGADI TALUK-562120.
3. SMT. SHASHIKALA, W/O. MURUGESHAPPA, D/O. SRIKANTAIAH, AGED ABOUT 37 YEARS, R/AT DOLLENAHALLY, SRIGIRIPURA POST, KUDUR HOBLI, MAGADI TALUK-562 120. ... RESPONDENTS THIS RSA IS FILED U/S.100 ORDER XLII RULE 1 OF CPC AGAINST THE JUDGMENT & DECREE DATED 28.02.2015 PASSED IN R.A.NO.142/2014 (OLD NO.181/2011) ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC., MAGADI, DISMISSING THE APPEAL AND TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 24.10.2010 PASSED IN OS NO.139/2006 ON THE FILE OF THE ADDL. CIVIL JUDGE & JMFC, MAGADI.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT No representation for the appellants till 02.45 PM. There was no representation for the appellants on previous date of hearing also. It appears, the appellants are not interested in prosecuting the matter. Therefore, the appeal and I.A.1/2016 are dismissed.
Sd/- JUDGE rs