IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD REGULAR SECOND APPEAL NO. 881 OF 2017 (PAR) BETWEEN:
SRI K. R. NANJUNDESHWARA SINCE DEAD BY HIS LRS.
1. SRI K.N SANTHOSH KUMAR, AGED ABOUT 42 YEARS, SON OF LATE K.R.NANJUNDESHWARA, RESIDING NEAR BASAVESHWARA TEMPLE, SOMWARPET TOWN, KODAGU DISTRICT – 571 236.
2. SRI K. N. HARSHA SON OF LATE K.R.NANJUNDESHWARA (SINCE DEAD DULY REPRESENTED BY HIS FATHER THE ORIGINAL 1ST DEFEDANT) ... APPELLANTS (BY SRI. RAMESH KUMAR R. V., ADVOCATE) AND:
1. SMT. H. M. JNANESHWARI AGED ABOUT 67 YEARS, WIFE OF LATE. K.R.BASAVANNA.
2. K. R. SHAILA AGED ABOUT 46 YEARS, DAUGHTER OF SRI.K.R.BASAVANNA, RESIDENT OF 1 AND 2 ARE RESIDENT OF #236, 2ND CROSS, 12TH MAIN, RBI LAYOUT, JP NAGARA, VII PHASE, BENGALURU – 560 078.
3. K. N. DAKSHAYANI DAUGHTER OF SRI.K.RUDRASHETTY, WIFE OF NEELAKANTAPPA, C/O SRI.K.N.SIVAKUMAR, (SINCE DEAD REPRESENTED BY HER SON).
3(a). SRI. THEERTHANANDA MAJOR, C/O.SRI.K.N.SHIVAKUMAR, M.D.BLOCK, SOMWARPET, KODAGU DISTRICT – 571 236.
4. AKKAMAHADEVI ALIAS YASHODHA DAUGHTER OF SRI.K.RUDRASHETTY, WIFE OF SRI.PRABHAKARA, SINCE DEAD BY HER LR.
4(a). SRI RUDRASWAMY AGED ABOUT 50 YEARS, SON OF SRI.PRABHAKARA, RESIDING AT YASALUR, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 137.
... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.01.2017 PASSED IN RA NO.123/2012 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, KODAGU, MADIKERI, DISMISSING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 09.02.2012 PASSED IN OS NO.126/2004 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment The learned counsel for the appellants submits that despite repeated communication to the appellants to furnish necessary instructions to comply with the office objections, the appellants have not furnished any instructions. It is obvious that the appellants are not interested in prosecuting the appeal. As such, the appeal is dismissed for default.
SD/- JUDGE nv Ct:sr