IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE H.P.SANDESH RFA No.1417 OF 2012 BETWEEN:
SRI BASAVE GOWDA S/O LATE MARIGOWDA AGED ABOUT 57 YEARS RESIDING AT HYRIGE VILLAGE HAMPAPURA HOBLI H D KOTE TALUK MYSORE DISTRICT-571125.
...APPELLANT (SRI. BASAVE GOWDA, PARTY-IN-PERSON - ABSENT) AND:
1 . SRI BASAVARAJU S/O LATE BASAVEGOWDA AGED ABOUT 45 YEARS AGRICULTURIST RESIDING AT HYRIGE VILLAGE HAMPAPURA HOBLI H D KOTE TALUK MYSORE DISTRICT-571125.
2 . SRI VASEGOWDA S/O LATE HARIGOWDA AGED ABOUT 50 YEARS RESIDING AT HYRIGE VILLAGE HAMPAPURA HOBLI H D KOTE TALUK MYSORE DISTRICT-571125.
3 . SMT HALAMMA W/O LATE R RANGEGOWDA AGED ABOUT 67 YEARS RESIDING AT YERAHALLI VILLAGE KASABA HOBLI, H D KOTE TALUK MYSORE DISTRICT-571114.
4 . SRI LOKESH S/O THIMMAIAH AGED ABOUT 42 YEARS RESIDING AT GUDUMADANAHALLI VARUNA HOBLI, MYSORE TALUK MYSORE DISTRICT-570010 5 . SMT S UMA W/O MARIGOWDA AGED ABOUT 40 YEARS RESIDNG AT GUDUMADANAHALLI VARUNA HOBLI, MYSORE TALUK MYSORE DISTRICT-570010.
…RESPONDENTS (BY SRI. GEETHA DEVI M.P., ADVOCATE, FOR C/R1 SRI. GIRISH B. BALADARE, ADVOCATE FOR R2 TO R5) THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 28.05.2012 PASSED IN O.S.NO.2/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT IV, MYSORE, DECREEING THE SUIT FOR ISSUE OF CERTIFICATE OF PROBATE.
THIS RFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The appellant’s counsel has filed a memo for retirement along with a letter addressed to the wife of the appellant and postal acknowledgement is also produced. Counsel is permitted to retire from the case since already he took notice and notice was also acknowledged. The appellant has not chosen to engage any counsel after service of notice and hence the appeal is dismissed for non- prosecution.
ckl Sd/- JUDGE