IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1654 OF 2014 BETWEEN:
1. Sri. Munishamappa, Since dead, represented by his LRs., 1(a). Smt. Gowramma, W/o. Late Munishamappa, Aged about 74 years, 1(b). Smt. Venkatamma, D/o. Late Munishamappa, W/o. Muniyappa, R/at Channarayapatna Village, Devanahalli Taluk, Bengaluru Rural District-561001.
1(c). Sri. Venkatesha, S/o. Late Munishamappa, Aged about 49 years Appellants 1a to 1c residing at Thanisandra Village, K.R.Puram Hobli, Shivaramkaranthnagar Post, Bengaluru North Taluk, Bengaluru-560077.
(By Sri. M.Shivaraja, Advocate - Absent) …Appellants AND:
1. Sri. Subbarayappa, S/o. Late Lingappa, Aged about 64 years, 2. Sri. Yellappa, S/o. Late Lingappa, Aged about 59 years, Both are R/at. Zatavara Village, Chikkaballapura Taluk, Chikkaballapura District, Chikkaballapura-562101.
3. Sri. Shamanna, (Dead) 4. Yellappa S/o. Late Shamanna, Aged about 55 years, 5. Muniraju, S/o. Late Shamanna, Aged about 49 years, 6. Anjanappa, Since dead, Represented by his LRs., 6(a). Smt. Muniyamma, W/o. Late Anjanappa, Aged about 39 years, All are resident of Thanisandra Village, K.R.Puram Hobli, Shivaramkaranthnagar Post, Bengaluru North Taluk, Bengaluru-560077.
6(b) Smt. Yellamma, W/o. Krishnappa, D/o. Late Anjinappa, Aged about 30 years, R/at Bhakatharhalli Village, Sidlaghatta Taluk, Chikkaballapura District, Chikkaballapura-562100.
... Respondents This RFA is filed under Section 96 of CPC against the judgment and decree dated 03.01.2009 passed in O.S.No.7513/1997 on the file of the XVIII Additional City Civil Judge, Bengaluru, Decreeing the suit for partition and separate possession.
This RFA coming on for orders this day, the Court made the following:
ORDER Appellants’ counsel is absent. IA No.1/2014 is dismissed for non prosecution. Consequently appeal also dismissed.
Sd/- JUDGE KMV/-