IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL No.6686 OF 2017 (CPC) BETWEEN:
Sri. H.M.Suresh, (Name incorrectly written In plaint and order despite Written Statement Contentions taken and Written as Suresh Gowda) Aged about 65 years, S/o. L Muthappa, R/at No.3/1C, Near Kodanda Rama Temple, Hulimavu, Bannerughatta Road, Begur Hobli, Bengaluru.
Since deceased by his LRs 1. Smt. Shylaja N., W/o. late H.M.Suresh, Aged about 50 years, R/at No.3/1C, Near Kodanda Rama Temple, Hulimavu, Bannerughatta Road, Begur Hobli, Bengaluru.
2. Sri. Chiranthan H.S., S/o. Late H.M.Suresh, Aged about 25 years, R/at No.3/1C, Near Kodanda Rama Temple, Hulimavu, Bannerughatta Road, Begur Hobli, Bengaluru.
3. Sri. Karthik S., S/o. Late H.M.Suresh, Aged about 20 years, R/at No.3/1C, Near Kodanda Rama Temple, Hulimavu, Bannerughatta Road, Begur Hobli, Bengaluru.
(By Sri. V.B.Shivakumar, Advocate-Absent) AND:
1. Sri. Vasu, Aged about 37 years, S/o. Sri. Chowdappa, R/at No.133, 5th Cross, Syndicate Bank Colony, Arakere, Bannerghatta Road, Bengaluru-560076.
2. Smt. B.M.Padma, Aged about 58 years, W/o. Sri. Chowdappa, R/at No.133, 5th Cross, Syndicate Bank Colony, Arakere, Bannerghatta Road, Bengaluru-560076.
3. Sri. Munikaverappa, Aged about 70 years, S/o. Dodda Muniyellappa, R/at No.3/3, Thimmappa Complex, Hulimavu, Bannerughatta Road, Begur Hobli, Bengaluru-560076.
…Appellants 4. Sri. Ramakrishnappa, Aged about 66 years, S/o. Dodda Muniyellappa, R/at No.3/3, Thimmappa Complex, Hulimavu, Bannerughatta Road, Begur Hobli, Bengaluru-560076.
5. Sri. Narayanaswamy, Aged about 64 years, S/o. Dodda Muniyellappa, R/at No.3/3, Thimmappa Complex, Hulimavu, Bannerughatta Road, Begur Hobli, Bengaluru-560076.
6. Sri. Sampangi, Aged about 58 years, S/o. Dodda Muniyellappa, R/at No.3/3, Thimmappa Complex, Hulimavu, Bannerughatta Road, Begur Hobli, Bengaluru-560076.
7. Smt. Girija, Aged about 45 years, W/o. Late Venkataswamy, S/o. Dodda Muniyellappa, R/at No.3/3, Thimmappa Complex, Hulimavu, Bannerughatta Road, Begur Hobli, Bengaluru-560076.
... Respondents This MFA is filed under Order 43 Rule 1(r) of CPC, against the order dated 15.07.2017 passed on I.A.No.1 & 2 in O.S.No.3031/2017 on the file of the XL Additional City Civil & Sessions Judge, Bengaluru (CCH-41), allowing the petition filed under Order 39 Rules 1 & 2 of CPC and dismissing I.A.No.2 filed under Order 39 Rule 4 of CPC.
This MFA coming on for orders this day, the Court made the following:
ORDER The appellants’ counsel is absent. Order dated 25.04.2019 shows that two weeks time was granted for compliance of office objections. It was made clear that if the office objections are not complied within the time, the appeal shall be listed for dismissal. Office objections have remained without being complied with. Therefore appeal is dismissed.
KMV/-
SD/- JUDGE