IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.S.A.No.1038/2009 C/W R.S.A.No.1039/2009 IN R.S.A No.1038/2009:
BETWEEN:
SRI PUTTAPPA S/O LATE SRI SANNAPPA AGED ABOUT 72 YEARS R/AT DODDABEECHANAHALLI BILIKERE HOBLI, HUNSUR TALUK MYSORE DISTRICT – 571 105. …APPELLANT (BY SRI K A PRAKASH, ADVOCATE - ABSENT) AND:
1. SRI VENKATACHALA SHETTY S/O SRI KRISHNA SHETTY AGED ABOUT 60 YEARS DEAD BY HIS LRs.
1a. SAVITHRAMMA W/O LATE VENKATACHALA SHETTY AGE 68 YEARS.
1b. SURESHA S/O LATE VENKATACHALA SHETTY AGE 50 YEARS.
1c. PRAKASHA S/O LATE VENKATACHALA SHETTY AGE 48 YEARS.
R/AT CHIKKABECHANAHALLI BILIKERE HOBLI HUNSUR TALUK MYSORE DISTRICT – 571 105.
2. SRI ANNAIAH S/O LATE SRI SANNAPPA AGED ABOUT 62 YEARS R/AT DODDABEECHANAHALLI BILIKERE HOBLI HUNSUR TALUK MYSORE DISTRICT – 571 105. ...RESPONDENTS (BY SRI P M SIDDAMALLAPPA, ADVOCATE FOR R-1( a to c); R-2 IS SERVED) THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED:17.4.2009 PASSED IN R.A.No.68/2007 ON THE FILE THE I ADDITIONAL DISTRICT JUDGE, MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED:24.7.2007 PASSED IN O.S.No.122/1999 ON THE FILE OF THE CIVIL JUDGE (SR.DN) HUNSUR.
IN R.S.A No.1039/2009:
BETWEEN:
SRI ANNAIAH S/O LATE SRI SANNAPPA AGED ABOUT 62 YEARS R/AT DODDABEECHANAHALLI BILIKERE HOBLI, HUNSUR TALUK MYSORE DISTRICT – 571 105. …APPELLANT (BY SRI K A PRAKASH, ADVOCATE – ABSENT) AND:
1. SRI VENKATACHALA SHETTY S/O SRI KRISHNA SHETTY AGED ABOUT 60 YEARS DEAD BY HIS LRs.
1a. SMT. SAVITHRAMMA W/O LATE VENKATACHALA SHETTY AGE 68 YEARS.
1b. SRI SURESHA S/O LATE VENKATACHALA SHETTY AGE 50 YEARS.
1c. SRI PRAKASHA S/O LATE VENKATACHALA SHETTY AGE 48 YEARS.
R/AT CHIKKABEECHANAHALLI BILIKERE HOBLI HUNSUR TALUK MYSORE DISTRICT – 571 105.
2. SRI PUTTAPPA S/O LATE SRI SANNAPPA AGED ABOUT 72 YEARS R/AT DODDABEECHANAHALLI BILIKERE HOBLI HUNSUR TALUK MYSORE DISTRICT – 571 105. ...RESPONDENTS (R-2 IS SERVED) THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED:17.4.2009 PASSED IN R.A.No.69/2007 ON THE FILE THE I ADDITIONAL DISTRICT JUDGE, MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED:24.7.2007 PASSED IN O.S.No.122/1999 ON THE FILE OF THE CIVIL JUDGE (SR.DN) HUNSUR.
THESE RSAs COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for the appellant in both the appeals absent. No representation.
Matters are of the year 2009 in terms of this appeal, of the year 2007 in terms of Regular Appeal Nos.68/2007 and 69/2007 and of the year 1999 in terms of original suit in O.S.No.122/1999 and listed for final hearing that was notified well in advance. There are no grounds to adjourn the matters and it appear that appellants are not interested in prosecuting the appeals. Regard being had to the fact that the matters are substantially old. Hence, both the appeals are dismissed for non prosecution.
tsn* Sd/- JUDGE