IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF NOVEMBER 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No.90 of 2018 (DEC/INJ) Between:
SRI K.N.PUTTASWAMY SON OF LATE NADEKERAIAH, SINCE DEAD BY HIS LR’s 1. SMT. CHANDRAKANTHAMA WIFE OF GAVINAYAKA, DAUGHTER OF LATE K.N.PUTTASWAMY, AGED ABOUT 67 YEARS, RESIDING AT VATAL VILLAGE, T. NARASIPURA TALUK, MYSORE DISTRICT.
2. SMT. MYTHRAMMA WIFE OF LATE CHIKKASWAMY, DAUGHTER OF LATE K.N.PUTTASWAMY, AGED ABOUT 65 YEARS, RESIDING AT G.M.STREET, PETE MALAVALLI TOWN 3. SMT. AMBIKA WIFE OF MALLAIAH, AGED ABOUT 57 YEARS, RESIDING AT KALKUNI VILLAGE, KIRAGAVALU HOBLI, MALAVALLI TALUK 4. SMT. MANJULA WIFE OF MAHADEVA, DAUGHTER OF LATE K.N.PUTTASWAMY, RESIDING AT NAYAKARA BEEDI (DODDA BEEDI), KOLLEGALA TOWN, CHAMARAJNAGAR DISTRICT 5. SRI K.P.NAGENDRA SON OF LATE K.N.PUTTASWAMY, AGED ABOUT 55 YEARS 6. SRI K.P.RANGASWAMY SON OF LATE K.N.PUTTASWAMY, AGED ABOUT 55 YEARS BOTH RESIDING AT KALKUNI VILLAGE, KIRAGAVAL HOBLI, MALAVALLI TALUK ... APPELLANTS (BY SRI SUBBAKRISHNA MURTHY.K.S., ADVOCATE - ABSENT) And:
SRI CHANNEGOWDA SINCE DECEASED BY HIS LRs.
1. SMT. KEMPAMMA DAUGHTER OF CHANNEGOWDA, WIFE OF BASAVEGOWDA, AGED ABOUT 58 YEARS, RESIDING AT KATTEKOPPALU VILLAGE, T.NARASIPURA TALUK 2. SMT. NANJAMMA WIFE OF T. THIMMEGOWDA, DAUGHTER OF LATE CHANNEGOWDA, AGED ABOUT 55 YEARS, RESIDING AT HOSAKOPPALU VILLAGE, T. NARASIPURA TALUK.
3. SMT. SUBBAMMA WIFE OF CHIKKANNA, DAUGHTER OF LATE CHANNEGOWDA, AGED ABOUT 53 YEARS, RESIDING AT KATTEKOPPALU VILLAGE, BANNUR HOBLI, T.NARASIPURA TALUK 4. SMT. SAKAMMA WIFE OF THIMMEGOWDA, DAUGHTER OF LATE CHANNEGOWDA, AGED ABOUT 50 YEARS, RESIDING AT HOSAKOPPALU VILLAGE, T.NARASIPURA TALUK 5. SMT. NINGAMMA DAUGHTER OF LATE CHANNEGOWDA, AGED ABOUT 48 YEARS, RESIDING AT HOSAKOPPALU VILLAGE, T.NARASIPURA TALUK 6. SMT. CHIKKAMMA WIFE OF LINGEGOWDA DAUGHTER OF LATE CHANNEGOWDA, AGED ABOUT 43 YEARS, RESIDING AT CHIKKAKALKUNI VILLAGE, SOSALE HOBLI, T.NARASIPURA TALUK 7. SRI MADEGOWDA SON OF LATE CHANNEGOWDA, RESIDING AT HOSAKOPPALU VILLAGE, SOSALE HOBLI, T.NARASIPURA TALUK 8. SRI MADEGOWDA SON OF LATE PUTTEGOWDA AGED ABOUT 63 YEARS, RESIDING AT HOSAKOPPALU VILLAGE, SOSALE HOBLI, T.NARASIPURA TALUK ... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED: 06.10.2017 PASSED IN R.A.NO.55/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., T.NARASIPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.10.2012 PASSED IN O.S.NO.415/1990 ON THE FILE OF THE CIVIL JUDGE AND JMFC., T.NARASIPURA.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment None appears for the appellants. This Court on 13.09.2019 had adjourned the appeal granting three weeks time for compliance with the office objections subject to the condition that the appeal would be listed for dismissal if there is failure to comply with the office objections.
Despite this peremptory order, the office objections have not been complied with. It is obvious that the concerned is not interested in prosecuting the appeal. Therefore, the appeal is dismissed for default.
Sd/- Judge KPS