IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO.652 OF 2012 Between:
Sri.Govinda, S/o Late Chinnabidda Setty, Aged about 60 years, No.171/6, 2nd Main, Conservancy Lane, Chamarajpet Bengaluru-560 018. …Appellant (By Sri.K.T.Gurudeva Prasad and Sri.H.R.Sathyapal, Advocates - Absent) And:
1. Smt.V.Hemalatha W/o Late Adikeshavalu, Aged about 45 years, 2. Kum.V.Neet D/o Late Adikeshavalu, Aged about 21 years, 3. Sri.Nishant, S/o Late Adikeshavalu, Aged about 21 years, 4. Kum.Shalini, D/o Late Adikeshavalu, Aged about 19 years, 5. Kum.Veena D/o Late Adikeshavalu, Aged about 16 years.
Respondent No.5 is the minor represented through natural guardian mother Smt.V.Hemalatha, 1st Respondent.
All are residing at No.12/2, 7th Cross, Devanathachar Street, Chamarajpet, Bengaluru-560 018. …Respondents This Regular First Appeal is filed under Section 96 of CPC, against the judgment and decree dated 08.02.2012 passed in O.S.No.10623/2006 on the file of the XXX Additional City Civil Judge, Bengaluru, dismissing the suit for recovery of money.
This Regular First Appeal coming on for Orders, this day, the Court made the following:
ORDER Appellant’s counsel is absent.
Order sheet shows that sufficient time has been granted for the appellant for taking steps to the un- served respondent Nos.1 to 4. So far, process fee has not been paid. Therefore, appeal against respondent Nos.1 to 4 stands dismissed.
Respondent No.5 is a minor represented by the first respondent. Since respondent No.1 is not served, the appeal against respondent No.5 does not survive. Therefore, entire appeal is dismissed.
Sd/- JUDGE NS