IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY 2017 BEFORE THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI R.S.A. No.2931 OF 2006 BETWEEN :
1. Smt.Shivamma, W/o.Ningegowda, D/o.Thimmegowda, R/o.Minuganahally Village, Belur Taluk, Hassan District – 573 201.
2. Smt.Sannamma, W/o.Late Thimmegowda, Aged about 69 years, R/o.Minuganahally Village, Belur Taluk, Hassan District – 573 201.
3. Smt.Nagamma, W/o.Ningappa, D/o.Siddappa, Aged about 39 years, R/o.Mallenahally Village, Belur Taluk, Hassan District -573 201.
4. Pushpavathi, W/o.Nanjegowda, D/o.Siddappa, Aged about 37 years, R/o.Surapura Village, Belur Taluk, Hassan District -573 201.
5. Sri Shivabasappa, S/o.Late Siddappa, Aged about 35 years, R/o.Minuganahally Village, Belur Taluk, Hassan District – 573 201.
6. Sri Thimmappa, S/o.Late Siddappa, Aged about 33 years, R/o.Minuganahally Village, Belur Taluk, Hassan District – 573 201. ... Appellants (Court notice served on appellant Nos.1, 3, 4, 5 and 6:
Appeal abated against appellant No.2) AND:
1. Puttegowda, S/o.Late Basavegowda, Major, Apphalli Village, Halebeedu Hobli, Belur Taluk, Hassan District.
2. Moorthy Gowda, S/o.Late Basavegowda, Major, Moale Village, Javagal Hobli, Arasikere Taluk, Hassan District.
3. Mahalingappa, S/o.Late Basavegowda, Major, R/o.Singatagere Village, Village Accountant, Kadur Taluk, Hassan District.
4. Shivalingamma, W/o.Ningappa, Major, D/o.Late Basavegowda, Appihalli Village, Halebeedu Hobli, Belur Taluk, Hassan District.
5. Chandramma, W/o.Shankarappa, D/o.Late Basavegowda, Major, Appihalli Village, Halebeedu Hobli, Belur Taluk, Hassan District.
6. Gowramma, W/o.Late Basavegowda, Major, Appihalli Village, Halebeedu Hobli, Belur Taluk, Hassan District. Since deceased R1 to R5 are LRs.
7. Nagaraju, S/o.late Shivananjegowda, Aged about 44 years, R/o.Minuganahalli Village, Appihalli Post, Halebeedu Hobli, Belur Taluk, Hassan District.
8. Padma, D/o.Late Shivananjegowda, Aged about 42 years, R/o.Minuganahalli Village, Appihalli Post Halebeedu Hobli, Belur Taluk, Hassan District.
9. Gangadhara, S/o.late Shivananjegowda, Aged about 40 years, R/o.Minuganahalli Village, Appihalli Post, Halebeedu Hobli, Belur Taluk, Hassan District.
10. Renuka, D/o.late Shivananjegowda, Aged about 38 years, R/o.Minaganahalli Village, Appihalli Post, Halebeedu Hobli, Belur Taluk, Hassan District.
11. Seshamma, D/o.late Shivananjegowda, Aged about 36 years, R/o.Minuganahalli Village, Appihalli Post, Halebeedu Hobli, Belur Taluk, Hassan District.
12. Mruthunjaya, S/o.late Shivannajegowda, Aged about 34 years, R/o.Minuganahalli Village, Appihalli Post, Halebeedu Hobli, Belur Taluk, Hassan District.
13. Gangamma, W/o.Late Shivananjegowda, Aged about 64 years, R/o.Minuganahalli Village, Appihalli Post, Halebeedu Hobli, Belur Taluk, Hassan District.
14. Puttamma, W/o.late Siddappa, Aged about 64 years, R/o.Minuganahalli Village, Appihalli Post, Halebeedu Hobli, Belur Taluk, Hassan District. …Respondents (By Sri V.R.Basanna, Advocate for R1, R2, R4 and R13: Notice served on R3, R5 to R12) This appeal is filed under Section 100 of CPC against the judgment and decree dated 31.7.2006 passed in R.A.No.238/2005 on the file of the Addl. Sessions Judge and Presiding Officer, Fast Track-III, Hassan allowing the appeal and setting aside the judgment and decree dated 14.8.2001 passed in O.S.No.206/1992 on the file of the Civil Judge (Jr.Dn.) and JMFC, Belur, etc.
This appeal, coming on for orders, this day, the Court delivered the following:
JUDGMENT The court notice sent to the appellant Nos. 3 and 4 are served on their brother; the court notice sent to the appellant No.5 is served on his wife. Notice on the said appellants is held to be sufficient. Their names are already shown in the cause- list.
2. Totally there are 6 appellants. None of them is present.
No counsel has filed vakalath for them. The appeal is of 2006 vintage. The appellants do not appear to be interested in prosecuting this appeal.
3. The appeal is therefore dismissed for default and non- prosecution.
Sd/- JUDGE Cm/-