IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 12TH DAY OF AUGUST 2015 BEFORE THE HON’BLE MR.JUSTICE RAVI MALIMATH REGULAR FIRST APPEAL NO.873 OF 2002 BETWEEN:
1. SRI MUNIYAPPA S/O MALLAPPA SINCE DECEASED BY LRS 1(a) RATHNAMMA W/O LATE MUNIYAPPA MAJOR.
1(b) NAGAMMA W/O SHIVA D/O LATE MUNIYAPPA MAJOR.
BOTH ARE RESIDENTS OF NO.31, BYRASANDRA, JAYANAGAR, 3RD CROSS, BENGALURU – 560 011.
2. P.VENKATESHAPPA AGED ABOUT 69 YEARS 3. P.SHIVA MURTHY AGED ABOUT 71 YEARS BOTH ARE SONS OF PAPAIAH, NO.24, JAYANAGAR I BLOCK, EAST, BYRASANDRA, JAYANAGAR, BENGALURU. ... APPELLANTS (BY SRI P.VENKATAGIRI, ADVOCATE FOR M/S.Y.R.SADASIVA REDDY & ASSOCIATES, ADVOCATES- ABSENT) AND :
1. M.KAVERAPPA SINCE DECEASED BY LRs (a) VENKATESH S/O MUNIYAPPA MAJOR (b) M.SRINIVAS S/O MUNIYAPPA MAJOR (c) SMT.SEETHAMMA W/O LATE M.KAVERAPPA MAJOR (d) K.RAMAIAH S/O LATE M.KAVERAPPA MAJOR.
*SINCE DEAD BY LRs R(d)(i) SHANTHAMMA W/O LATE RAMAIAH AGED ABOUT 45 YEARS (d)(ii) ANANTHA R S/O LATE RAMAIAH AGED ABOUT 40 YEARS (d)(iii) KRISHNA R S/O LATE RAMAIAH, AGED ABOUT 32 YEARS (d)(iv) CHANDRASHEKAR R S/O LATE RAMAIAH, AGED ABOUT 28 YEARS (d)(v) THIRTHA PRASAD R S/O LATE RAMAIAH, AGED ABOUT 24 YEARS ALL ARE RESIDING AT NO.15 SOUTH END ROAD, BASAVANAGUDI, BENGALURU – 560 004.
(d)(vi) PUTTAMMA R D/O LATE RAMAIAH, AGED ABOUT 35 YEARS NO.20/10, BYRASANDRA 2ND CROSS, JAYANAGAR I BLOCK EAST, BENGALURU – 560 011.
(d)(vii) VARALAKSHMI R D/O LATE RAMAIAH, AGED ABOUT 33 YEARS RESIDING AT I MAIN ROAD, NEAR ST.JOHN ORTHOPEDIC CLINIC NARAYANAPURA, K.R.PURAM, BENGALURU – 560 049.
*AMENDMENT CARRIED OUT AS PER ORDER DATED 20.1.2011.
(e) GUNDAIAH S/O M.KAVERAPPA MAJOR.
(f) K.VENKATESH S/O M.KAVERAPPA MAJOR.
(g) K.BALARAJ S/O KAVERAPPA MAJOR.
ALL ARE RESIDENTS OF NO.13, I BLOCK EAST-JAYANAGAR, BYRASANDRA, BENGALURU – 560 011.
2. CHINNAPPA S/O MUNIYAPPA SINCE DECEASED BY LRs 2(a) C.SIDDARAMU S/O CHINNAPPA, AGED MAJOR.
2(b) C.MUNIRAJU S/O LATE CHINNAPPA, AGED MAJOR.
2(c) C.GOPAL S/O LATE CHINNAPPA, AGED MAJOR.
BOTH ARE RESIDING AT NO.12/7, 2ND CROSS, JAYANAGAR I BLOCK, EAST, BYRASANDRA, BENGALURU – 560 011.
2(d) C.VARALAKSHMI D/O LATE CHINNAPPA, AGED MAJOR, RESIDING AT NO.24, BANNERGHATTA, BENGALURU. ... RESPONDENTS (BY SRI S.ANIL KUMAR, ADVOCATE FOR M/s.S.SIVAPPA ASSOCIATES, ADVOCATES FOR R1(a) TO (c), R1(d)(ii)(iii)(iv)(v), R1(e)(f)(g), R2(b)(c)(d) R1(d)(i) R1(d)(vi), R1(d)(vii) ARE SERVED AND UNREPRESENTED NOTICE TO R2(a) IS DISPENSED WITH VIDE ORDER DATED 23.9.2004) **** THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 19.7.2002 PASSED IN OS.NO.1543/81 ON THE FILE OF THE X ADDL.CITY CIVIL JUDGE, BENGALURU, DECREEING THE SUIT FOR DECLARATION, POSSESSION AND PERMANENT INJUNCTION.
THIS RFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT None appears for the appellants nor any representation is made even though the matter was called on two occasions. The counsel was not present on the earlier dates also. Even though he was not present on 4- 8-2015, the matter was adjourned on hearing respondents’ counsel. On 5-8-2015 also, he was not present. It is apparent that the appellants are not interested in prosecuting the appeal. Consequently, the appeal is dismissed.
SD/- JUDGE Rsk/-