IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.193 OF 2016 (INJ) BETWEEN:
1. SRI MADEGOWDA SINCE DEAD BY LRS 1(a). SMT. MAHADEVI W/O LATE MADEGOWDA AGED ABOUT 48 YEARS 1(b). SRI LOKESH S/O LATE MADEGOWDA, AGED ABOUT 45 YEARS 1(c). SRI SURESHA S/O LATE MADEGOWDA, AGED ABOUT 43 YEARS 1(d). SMT. LALITHA D/O LATE MADEGOWDA, W/O BOREGOWDA AGED ABOUT 41 YEARS THE APPELLANTS 1(a) TO 1(d) ARE R/AT D.NO.28, BEHIND BUS STAND, 2ND MAIN ROAD KUMBARKOPPAL, DEVARAJA MOHALLA MYSORE - 560 016 2. SRI N. BYRAPPA S/O NINGEGOWDA, AGED ABOUT 47 YEARS 3. SRI VASANTHARAJU SINCE DEAD BY LRS.
3(a). SMT. INDIRAMMA W/O LATE VASANTHARAJU AGED ABOUT 55 YEARS 3(b). SRI ANILRAJ S/O LATE VASANTHARAJU AGED ABOUT 35 YEARS 3(c). SRI RAGHAVENDRA S/O LATE VASANTHARAJU AGED ABOUT 33 YEARS 3(d). SMT. PRABHA D/O LATE VASANTHARAJU W/O BABY, AGED ABOUT 30 YEARS 3(e). SMT. SUSHMA D/O LATE VASANTHARAJU W/O SOMASHEKAR AGED ABOUT 28 YEARS THE APPELLANTS 3(a) TO (e) ARE R/AT DOOR NO.28, BEHIND BUS STAND, 2ND MAIN ROAD, KUMBARAKOPPAL, DEVARAJA MOHALLA MYSORE - 560 016 4. SRI BASAVARAJU S/O LATE NINGEGOWDA, AGED ABOUT 42 YEARS 5. SRI ADHISHESHA S/O LATE NINGEGOWDA, AGED ABOUT 40 YEARS SINCE DEAD BY LRS.
5(a). SMT. KAVITHA W/O ADHISHESHA AGED ABOUT 32 YEARS 5(b). VARSHITHA D/O ADHISHESHA AGED ABOUT 12 YEARS 5(c). THILAKGOWDA S/O ADHISHESHA AGED ABOUT 5 YEARS 5(b) & (c) ARE MINORS REPRESENTED BY THEIR GUARDIAN MOTHER IS 5(a) R/AT D.NO.28, BEHIND BUS STOP, 2ND MAIN ROAD, KUMBARAKOPPAL, DEVARAJA MOHALLA MYSORE - 560 016 6. SRI BOREGOWDA SINCE DEAD BY LRS 6(a). SMT. BORAMMA W/O LATE BOREGOWDA AGED ABOUT 65 YEARS 6(b). SMT. SHANTHAMMA D/O LATE BOREGOWDA W/O MAHESH AGED ABOUT 50 YEARS 6(c). SRI BYRAPPA S/O LATE BOREGOWDA AGED ABOUT 46 YEARS 6(d). SRI MAHADEVA S/O LATE BOREGOWDA AGED ABOUT 44 YEARS 6(e). SMT. RATHNAMMA D/O LATE BOREGOWDA W/O VIJENDRA, AGED ABOUT 36 YEARS 6(f). SMT. MANJULA D/O LATE BOREGOWDA W/O VIJENDRA, AGED ABOUT 34 YEARS 6(g). SMT. GOWRI D/O LATE BOREGOWDA W/O VIJENDRA, AGED ABOUT 36 YEARS 6(h). SMT SUMA D/O LATE BOREGOWDA W/O ANAND, AGED ABOUT 34 YEARS 7. SRI B. MAHADEVA S/O LATE BOREGOWDA AGED ABOUT 70 YEARS 8. SRI B. BASARAJU S/O LATE BOREGOWDA AGED ABOUT 66 YEARS THE APPELLANTS 6(a) TO 8 ARE R/AT D.NO.12, RAMA MANDIRA ROAD, KUMBARAKOPPAL, DEVARAJA MOHALLA, MYSORE - 560 016 ... PETITIONERS (BY SRI V.MANJUNATH PRASAD, ADV.) AND:
SRI ROOPAKUMAR J. S/O M. JAYARAM, AGED ABOUT 30 YEARS R/AT NO.783 CANTEEN ROAD, GOKULAM, 3RD STAGE, VANI VILASA MOHALLA, MYSORE - 560 002 ... RESPONDENT THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE ORDER DATED 21.11.2015 PASSED IN R.A.NO.380/2013 ON THE FILE OF I ADDITIONAL SMALL CAUSE JUDGE AND CJM, MYSURU, DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT AND DECREE DATED 03.12.2012 PASSED IN O.S.NO.73/2008 ON THE FILE OF II ADDITIONAL FIRST CIVIL JUDGE AT MYSORE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T No representation for the appellant up-to 2.40 p.m. Despite granting sufficient time, office objections have not been complied. Therefore, appeal is dismissed.
Sd/- JUDGE HR