IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR R.S.A. NO.315/2015 (PAR) BETWEEN:
1. SMT. SOWBHAGYA W/O NARAYANA SWAMY D/O MUNI BYRAPPA AGED ABOUT YEARS R/O GOTTIGERE BANGALORE – 560 083.
2. SMT. KEMPAMMA D/O MUNI BYRAPPA W/O SRI NAGARAJ AGED YEARS R/O BHOOTHANAHALLI JIGANI HOBLI, ANEKAL TALUK BANGALORE DISTRICT SINCE DECEASED BY HER LRS.
(BY SRI.R.A. DEVANAND., ADV.,)-ABSENT AND:
1. SRI. MUNI BYRAPPA S/O DYAVAPPA AGED YEARS …APPELLANTS R/O DODDAKAMMANAHALLI BANGALORE – 560 083.
2. SMT. ANNAPOORNAMMA W/O T S CHANDRA SHEKAR AGED YEARS R/O NO.41, 9TH CROSS WEST OF CHORD ROAD 2ND STAGE, MAHALAKSHMIPURAM BANGALORE – 560 086.
(a) SRI. NAGARAJ S/O KEMPAMMA AGED YEARS (b) SMT. PREMA D/O SMT. KEMPAMMA AGED ABOUT 22 YEARS (c) SRI. MANJUNATH S/O LATE KEMPAMMA AGED 19 YEARS ALL ARE R/O BHOOTHANAHALLI JIGANI HOBLI, ANEKAL TALUK BANGALORE DISTRICT.
3. SRI. C GIRISH S/O T S CHANDRA SHEKHAR AGED YEARS 4. SRI. C RAVI SHANKAR S/O T S CHANDRA SHEKHAR AGED YEARS BOTH ARE R/O NO.41 9TH CROSS, WEST OF CHORD ROAD 2ND STAGE, MAHALAKSHMIPURAM BANGALORE – 560 086.
5. DR. N SOMANATH S/O H S NANJUNDAIAH AGED 65 YEARS SINCE DECEASED BY HIS LRS, (a) SMT. UMA SUMATHI W/O LATE DR.N.SOMANATH (b) SRI. KARTHIK SOMANATH S/O LATE N.SOMANATH AGED YEARS BOTH ARE R/O NO.249 3RD PHASE, 3RD MAIN J P NAGAR BANGALORE – 560 078.
6. SMT. IYER JALALATHA KIRTHIVASAN W/O SRI K KIRTI VASAN AGED 46 YEARS R/O A -24, ANNA NAGAR EAST MADRAS – 600 002 REPRESENTED BY GPA HOLDER SRI NIRMAL KUMAR S/O SRI. G H PRASAD AGED 60 YEARS R/O NO.3373/M, 13TH A MAIN HAL 2ND STAGE BANGALORE – 560 008.
7. SRI. LAXMI N PRASAD S/O K V RAMACHANDRA IYER AGED 44 YEARS NO.941, I MAIN, 2ND CROSS K R PURAM HASSAN - 573 201.
8. SRI. K SRIDHAR R KOLLAR S/O K V RAMACHANDRA IYER AGE YEARS NO.94, I MAIN, 2ND CROSS K R PURAM HASSAN – 573 201.
9. SMT. VISHALAKSHI KUMARI W/O KUMAR SEETHARAMAN AGED 49 YEARS R/O NO.6, NEW NO.23, 4TH CROSS TUPTHA LAYOUT, ULSOOR BANGALORE – 560 008 REPRESENTED BY HER GPA HOLDER SRI RAVI LOBO S/O G C LOBO AGED 43 YEARS HAVING OFFICE AT NO.404 4TH FLOOR, PRESTIGE MERIDIAN M G ROAD BANGALORE – 560 001.
10. SRI. P SRINIVASA RAO S/O LATE P GANGA RAO AGED 41 YEARS R/O FLAT NO.202 SREENIDHI RESIDENCY 6TH “B” BALAJINAGAR BANASHANKARI 3RD STAGE BANGALORE – 560 085.
11. SRI. CHIVIKULA SREENIVASA S/O LATE CHIVIKULA SUBRAMANYA AGED ABOUT 49 YEARS R/A P B NO.3168, RUVI PC 112 MUSCAT OMAN REPRESENTED BY HIS GPA HOLDER SRI. NIRMAL KUMAR S/O SRI G H PRASAD AGED 60 YEARS R/O NO.3373/M, 13TH “A” MAIN HAL 2ND STAGE BANGALORE – 560 008.
12. SMT. MARIA LOARAINE FERNANDES W/O SRI ANTHONY NICHLAUS FERNANDES AGED 50 YEARS R/A THE WALL MALL ETOBICOKE ONTARIK M9C 1C5 CANADA REPRESENTED BY HER GPA HOLDER SRI NIRMAL KUMAR S/O SRI G H PRASAD AGED 60 YEARS R/O NO.3373/M, 13TH A MAIN HAL 2ND STAGE BANGALORE – 560 008.
... RESPONDENTS (BY SRI.G K DESHPANDE, ADV., FOR C/R5(A-B), R8 AND 10, C/R6, 7, 9, 11 AND 12) THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.11.2014 PASSED IN RA NOS. 350/12, 353/12, 356/12, 396/12, 414/12, 453/12 AND 454/12 ON THE FILE OF THE PRL. DISTRICT JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED: 06.11.2009 PASSED IN OS NO. 24/1998 ON THE FILE OF THE II ADDL. CIVIL JUDGE (SR.DN.) BENGALURU RURAL DISTRICT, BENGALURU.
THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Appellants’ counsel is absent.
For the reason that the appellants’ counsel has failed to comply the office objections, appeal is dismissed for default.
sd/- JUDGE Bsv