IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA REGULAR SECOND APPEAL NO. 338 OF 2017 Between:
1. Sri. Subbarayappa, S/o Late Nagappa, Aged about 60 years, Neralemaradahally Village, Sadali Hobli, Sidlaghatta Taluk, Chickkaballapura District-562 104.
2. Narasamma, W/o Sri Subbarayappa Since dead by her LR’s 2(a) Sri. Narasimmurthy, S/o Sri. Subbarayappa, and Late Narasamma, Aged about 36 years, Neralamaradahally Village, Sadali Hobli, Sidlaghatta Taluk, Chickkaballapura District – 562 104.
2(b) Smt. Munivenkatamma, W/o P.Narayanswamy, D/o Sri Subbarayappa, Aged about 33 years, Hodali Village, Srinivasapura Taluk, Devalapalli Post, Kolar-563 138.
2(c) Sri. N.S.Malikarjuna, S/o Sri. Subbarayappa, and Late Narasamma, Aged about 36 years, Neralemaradahally Village, Sadali Hobli, Sidlaghatta Taluk, Chickkaballapura District-562 104. …Appellants (By Sri.Chandrashekar Reddy K.P, Advocate(absent)) AND:
1. Sri. Ramappa, S/o Late Nagappa, Aged about 52 years, Neralemaradahally Village, Sadali Hobli, Sidlaghatta Taluk, Chickkaballapura District-562 104.
2. Smt. Balamma, W/o Sri. Muniyappa, D/o Late Nagappa, Aged about 80 years, Neralemaradahally Village, Sadali Hobli, Sidlaghatta Taluk, Chickkaballapura District-562 104.
3. Smt. Muniyamma, W/o Gurappa, D/o Late Nagappa, Aged about 70 years, Settihalli Village Anakal Village, Kotgal-Post, Chintamani Taluk – 563 125 4. Smt. Subbamma, W/o. Hanumanthappa, D/o Late Nagappa, Kenchkanahalli Village, Rajaghatta Hobli & Post, Dodaballapur Taluk-561 203 …Respondents This RSA is filed under Section 100 of C.P.C., against the judgment and decree dated 07.12.2010 passed in R.A.No.100/2008 on the file of the Senior Civil Judge & JMFC, Chintamani, dismissing the appeal and confirming the judgment and decree dated 16.08.2005 passed in O.S.No.155/2001 on the file of the Principal Civil Judge (Jr.Dn.) & JMFC, Sidlaghatta.
This RSA is coming on for Orders, this day, the court delivered the following:
J U D G M E N T Though the matter is called out twice there is no representation on behalf of the appellants. This appeal was filed on 13.02.2017. This Court has granted time on 20.09.2017 till 24.10.2017 to remove office objections. The same not having been done, appeal is listed before Court.
2. In the circumstances, appeal is dismissed for non-removal of office objections and for non- appearance.
SD/- JUDGE SV/-