IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1034 OF 2016 BETWEEN:
Siddappa S/o. Late Revegowda, Since deceased by LRs, 1. Smt. Gowramma W/o. Late Siddappa, (Since dead the A2 is treated as LR of A1) 2. B.S.Prakash S/o. Late Siddappa, Aged about 50 years, R/o. No.23(Old 81/23), 5th Temple Road (old), 6th Temple Road, 16th Cross, Ward No.5, Malleshwaram, Bengaluru-560003.
…Appellants (By Sri. M.Jai Prakash Reddy, Advocate - Absent) AND:
1. The Commissioner, Corporation of City of Bengaluru, N.R.Square, Bengaluru-560002.
2. The Assistant Revenue Officer, Malleshwaram Zone, Corporation of the City of Bengaluru, 16th Cross (G D Park) Malleshwaram, Bengaluru-560003.
3. S.Devanand, S/o. M.Subba Reddy, Aged about 41 years, No.311/10, 7th Main, Ground Floor, West Facing, Vayalikaval, Bengaluru-560003.
4. S. Shivashenkar, S/o. M.Subha Reddy, Aged about 38 years, R/o. No.6, T.T.D. Staff Quarters G.D.Park, Vayalikaval Extension, Malleshwaram, Bengaluru-560003.
5. Smt. A.Vishalakshi, W/o. Late B.S.Ravindra, Aged about 51 years, 6. R.Vanitha, D/o. Late B.S.Ravindra, Aged about 27 years, 7. R.Koushik, S/o. Late B.S.Ravindra, Aged about 22 years, 5 to 7 are R/o II Floor, Puttaiah Building, E.R.E.Road, Peenya, Bengaluru-560054.
(By Sri Kempanna, Advocate for R1 & R2; R3 to R7 - Served) ... Respondents This RFA is filed under Section 96 read with Order XLI Rule 1 of CPC, against the judgment and decree dated 02.03.2016 passed in O.S.No.17717/2005 filed in VIII Additional City Civil & Sessions Judge (CCH-15) at Bengaluru, dismissing the suit for declaration.
This RFA coming on for admission this day, the Court made the following:
ORDER The appellants’ counsel is absent. Counsel for respondent Nos.1 and 2 is present.
2. Order sheet dated 28.02.2018 shows that appellants’ counsel prayed for time. On 05.12.2018, appellants’ counsel was absent. Again on 21.02.2019, appellants’ counsel prayed for time. Today also the appellants’ counsel is absent. Appeal is dismissed for non prosecution.
KMV/-
Sd/- JUDGE