IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO R.F.A.No.1332/2005 BETWEEN:
1 . SRI THIMMAIAH S/O SRI SANNATHIMMAIAH AGED ABOUT 62 YEARS R/A.B.GOWDANAKATTE VILLAGE HONNAVALLI HOBLI TIPTUR TALUK-572201 2 . SRI BASAVARAJU S/O SRI SANNATHIMMAIAH AGED ABOUT 37 YEARS R/A.B.GOWDANAKATTE VILLAGE HONNAVALLI HOBLI TIPTUR TALUK-572201 3 . SRI SHIVANNA S/O SRI SANNATHIMMAIAH AGED ABOUT 32 YEARS R/A.B.GOWDANAKATTE VILLAGE HONNAVALLI HOBLI TIPTUR TALUK-572201 4 . SRI JAYANNA S/O SRI KEMPAIAH AGED ABOUT 27 YEARS R/A.B.GOWDANAKATTE VILLAGE HONNAVALLI HOBLI TIPTUR TALUK-572201 5 . SRI MAHESHA S/O THIMMAIAH AGED ABOUT 25 YEARS R/A.B.GOWDANAKATTE VILLAGE HONNAVALLI HOBLI TIPTUR TALUK-572201 ..APPELLANTS (BY SRI M K BHASKARAIAH, ADVOCATE-ABSENT) AND:
1. SRI G D CHANNABASAVAIAH S/O SRI DODDAIAH AGED ABOUT 62 YEARS R/A.B.GOWDANAKATTE VILLAGE HONNAVALLI HOBLI TIPTUR TALUK-572201 2. SRI MUDLAGIRIYAPPA S/O SRI SANNATHIMMAIAH AGED ABOUT 62 YEARS SINCE DEAD BY LRS 2(a) SMT.NAGARATHNAMMA W/O LATE MUDALAGIRIYAPPA AGED ABOUT 60 YEARS R/A: B.GOWDANA KATTE VILLAGE HONAVALLI HOBLI, TIPTUR TALUK TUMKUR DISTRICT 2(b) SRI VASANTH KUMAR S/O LATE MUDALAGIRIYAPPA AGED ABOUT 45 YEARS R/A: B.GOWDANA KATTE VILLAGE HONAVALLI HOBLI, TIPTUR TALUK TUMKUR DISTRICT 2(c) SRI SRINIVAS S/O LATE MUDALAGIRIYAPPA AGED ABOUT 40 YEARS R/A: B.GOWDANA KATTE VILLAGE HONAVALLI HOBLI, TIPTUR TALUK TUMKUR DISTRICT 2(d) SRI NATARAJ S/O LATE MUDALAGIRIYAPPA AGED ABOUT 38 YEARS R/A: B.GOWDANA KATTE VILLAGE HONAVALLI HOBLI, TIPTUR TALUK TUMKUR DISTRICT 2(e) SRI MANJUNATHA S/O LATE MUDALAGIRIYAPPA AGED ABOUT 35 YEARS R/A: B.GOWDANA KATTE VILLAGE HONAVALLI HOBLI, TIPTUR TALUK TUMKUR DISTRICT 2(d) SRI SURESH S/O LATE MUDALAGIRIYAPPA AGED ABOUT 30 YEARS R/A: B.GOWDANA KATTE VILLAGE HONAVALLI HOBLI, TIPTUR TALUK TUMKUR DISTRICT 3. SRI SHIVANNA S/O SRI PUTTARANGAIAH AGED ABOUT 37 YEARS R/A.B.GOWDANAKATTE VILLAGE HONNAVALLI HOBLI TIPTUR TALUK-572201 4. SRI MUNIYAPPA S/O SRI SONDENAHALLI BASAPPA AGED ABOUT 52 YEARS R/A.B.GOWDANAKATTE VILLAGE HONNAVALLI HOBLI TIPTUR TALUK-572201 5. SRI LINGARAJU S/O SRI KENGANAVARA BASAPPA AGED ABOUT 34 YEARS R/A.B.GOWDANAKATTE VILLAGE HONNAVALLI HOBLI TIPTUR TALUK-572201 6. SRI MARISIDDAIAH S/O.SRI LINGAIAH AGED ABOUT 57 YEARS SINCE DEAD BY LRS (a) SMT.THEERTHA BHAGYA W/O LATE MARISIDDAIAH AGED ABOUT 59 YEARS RESIDING AT KULUKUNTE ROAD GOVINDAPURA, TIPTUR TALUK TUMKUR DISTRICT (b) SRI JAGANNATHA S/O LATE MARISIDDAIAH AGED ABOUT 42 YEARS RESIDING AT KULUKUNTE ROAD GOVINDAPURA, TIPTUR TALUK TUMKUR DISTRICT 7. SRI PARAMASHIVAIAH S/O BASAPPA AGED ABOUT 59 YEARS RESIDING AT MAYAGONDANAHALLI VILLAGE HONAVALLI HOBLI, TIPTUR TALUK TUMKUR DISTRICT ..RESPONDENTS (BY SRI S N BHAT, ADVOCATE FOR R1 & R3 TO R5, SMT.VARSHA R IYENGAR, ADVOCATE FOR R-2(a TO f), R- 6(a), R-6(b) & R-7 -SERVED) THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 09.03.2005 PASSED IN O.S.NO.7/2003 ON THE FILE OF THE CIVIL JUDGE(SR.DN) AND JMFC, TIPTUR, INSOFAR AS DISMISSING THE SUIT OF THE APPELLANTS HEREIN FOR DECLARATION & DECREED ONLY WITH RESPECT TO RESTRICTIVE PERMANENT INJUNCTIVE RELIEF.
THIS RFA COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for appellants absent. No representation. Counsel for respondents present.
Matter is of the year 2005 in terms of the present appeal and of the year 2003 in terms of the original suit. It is listed for final hearing that was notified well in advance. It appears that appellants are not interested in prosecuting the appeal.
Appeal is dismissed for non-prosecution.
Sd/- JUDGE SBN