IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 30TH DAY OF MARCH, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA R.S.A NO.164/2014 (DEC & P-INJ) BETWEEN 1. SRI. G. GANGADHARAPPA, S/O ARI. PAPANASHETTY, AGED ABOUT 74 YEARS, REP. BY THE GPA HOLDER, SRI. G. DIWAKAR, S/O SRI. G. GANGADHARAPPA, AGED ABOUT 51 YEARS, R/O KAVALAGUNDI VILLAGE, BHADRAVATHI TALUK, SHIMOGA DISTRICT – 577 301.
SINCE DEAD REP BY LRS:
1. SRI. G. BALAKRISHNA, S/O SRI. G. GANGADHARAPPA, AGED ABOUT 53 YEARS, 2. SRI. G. DIWAKAR, S/O SRI. G. GANGADHARAPPA, AGED ABOUT 51 YEARS, BOTH LR’S ARE R/A KAVALAGUNDI VILLAGE, BHADRAVATHI TALUK, SHIMOGA DIST – 577 301.
... APPELLANTS (BY SRI. SIDDANOORU VISHWANATHA, ADV. AND SRI. RAGHUNANDAN M. G., ADV., [ABSENT]) AND 1. SMT. RAMAKKA, D/O RAMANNA, W/O SRI. SIDDAPPA, AGED ABOUT 44 YEARS, 2. SRI. RAMANNA, S/O SRI. BEVINA GUDDAPPA, AGED ABOUT 81 YEARS, RESPONDENTS 1 & 2 ARE R/O ARASIKERE VILLAGE, BHAVIKERE POST, LAKKAVALLI HOBLI, TARIKERE TALUK, CHIKMAGALUR DIST – 577 228.
3. SMT. PADMA, D/O SRI. RAMANNA, W/O SRI. CHIKKANNA, AGED ABOUT 39 YEARS, DEAD REP. BY LRs:
(a) SRI. CHIKKANNA, AGED ABOUT 49 YEARS (b) KUM. LAKSHMIDEVI, D/O PADMA AND CHIKKANNA, MINOR BY GUARDIAN SRI. CHIKKANNA, (c) KUM. NAGARATHNA, D/O PADMA AND CHIKKANNA, MINOR BY GUARDIAN SRI. CHIKKANNA, RESPONDENT NO.3(a) TO 3(c) ARE: R/O THOREHALLI VILLAGE, GUBBI TALUK, TUMKUR DIST – 572 216.
4. SMT. SAKAMMA, D/O SRI. RAMANNA, W/O SRI. VENKATESH, AGED ABOUT 33 YEARS, R/O TARAHALLI VILLAGE, GUBBI TALUK, TUMKUR DISTRICT – 572 216.
5. SMT. NAGAMMA, D/O SRI. RAMANNA, W/O SRI. NANJUNDI, AGED ABOUT 46 YEARS, R/O ARASIKERE VILLAGE, TARIKERE TALUK – 577 228.
CHICKMAGALUR DISTRICT. ... RESPONDENTS (BY SRI. G. S. BALAGANGADHAR, ADV. FOR C/R-1, R-2 & R-4, SRI. L. SRINIVASA BABU, ADV. FOR R-3(a) & R-5. R-3(b) & R-3(c) ARE MINORS REP. BY R-3(a)) THIS RSA IS FILED U/S 100 OF THE CPC., AGAINST THE JUDGEMENT & DECREE DTD 21.9.2013 PASSED IN R.A.NO.19/2009 ON THE FILE OF SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, TARIKERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 16.1.2009 PASSED IN OS.NO.40/2003 ON THE FILE OF CIVIL JUDGE (JR.DN.) AND ADDITIONAL JMFC, TARIKERE.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This Court on 22.3.2016 has ordered payment of cost of Rs.1,000/- to the Library Fund, Advocates’ Association, Bengaluru, within a period of one week, as a last chance, to comply with the office objection, but the same has not been complied by the learned counsel for the appellant. Today, in the morning session, this Court had directed the learned counsel for the appellant to deposit the cost with a specific direction and if it is not complied by evening, the appeal will be dismissed.
The case called at 4.45 p.m., The learned counsel for the appellant remained absent and no representation and no material is placed before the Court that cost of Rs.1,000/- has already been paid. Hence, the appeal is dismissed for non compliance of payment of cost of Rs.1,000/- as ordered.
PL* Sd/-
JUDGE