IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE N.K.SUDHINDRARAO REGULAR SECOND APPEAL NO.1419/2012 BETWEEN:
1. SRI BASAVEGOWDA @ MOTEGOWDA SINCE DECEASED BY HIS LRS a. SRI VEERABHADRA S/O LATE BASAVEGOWDA @ MOTEGOWDA AGED ABOUT 30 YEARS b. SMT SAVITHA D/O LATE SRI BASAVEGOWDA @ MOTEGOWDA, AGED ABOUT 38 YEARS 2. SRI KRISHNA S/O LATE SRI BASAVEGOWDA, @ MOTEGOWDA, AGED ABOUT 41 YEARS ALL ARE RESIDING AT BANASAMUDRA, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-567 726.
... APPELLANTS (BY SRI. R CHANDRASHEKAR, ADV. - ABSENT) AND:
1. SRI. H PUTTASWAMYGOWDA S/O LATE SRI HALAGEGOWDA, AGED ABOUT 74 YEARS 2. SRI B P RAVINDRA KUMAR S/O H PUTTASWAMYGOWDA (1ST APPELLANT), AGED ABOUT 45 YEARS, BOTH ARE RESIDING AT BANASAMUDRA, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT – 567 726.
3. SMT.PUTTAMMA, D/O LATE BASAVEGOWDA AND W/O SRI.MOOGAPPA, AGED ABOUT 57 YEARS, 4. SMT.SUNANDAMMA, D/O LATE BASAVEGOWDA AND W/O SRI.MOOGAPPA, AGED ABOUT 51 YEARS, 5. SMT.SHIVARUDRAMMA, D/O LATE BASAVEGOWDA AND W/O SRI.BOREGOWDA, AGED ABOUT 42 YEARS, 6. SMT. SHAKUNTHALA, D/O LATE BASAVEGOWDA AND W/O SRI.LOKESH, AGED ABOUT 40 YEARS, ALL ARE RESIDING AT BANASAMUDRA, KASABA HOBLI, MALAVALLI TQ, MANDYA DISTRICT – 567 726.
... RESPONDENTS (BY SRI. D S HOSMATH, ADVOCATE FOR R2; APPEAL AGAINST R4 STANDS DISMISSED VIDE ORDER DATED 30.03.2016;
SERVICE OF NOTICE IN RESPECT OF R6 IS HELD SUFFICIENT VIDE ORDER DATED 16.06.2015; APPEAL AGAINST R1 IS ABATED VIDE ORDER DATED 06.10.2015;
R3 AND R5 ARE SERVED) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 31.3.2012 PASSED IN R.A.NO.7/2010 ON THE FILE OF ADDITIONAL DISTRICT JUDGE, MANDYA, PARTLY ALLOWING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 1.12.2009 PASSED IN OS.NO.59/2006 ON THE FILE OF CIVIL JUDGE (SR.DN.) & JMFC, MALAVALLI.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment Counsel for the appellants absent. No representation.
As per the order dated 31.01.2019, two weeks’ time was granted to file paper books, failing which the appeal to stand dismissed for default.
Till this moment, the paper books is not filed. Hence, the order dated 31.01.2019 shall come into to force at once. Accordingly, the appeal is dismissed for default.
Sd/- JUDGE TL