IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF MARCH, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE BUDIHAL R.B. WRIT APPEAL NO.6739 OF 2013 (KLRA) Between:
Sri.Venkatachala Chatra S/o late Moodalagiri Chatra Aged about 83 years R/at Beejadi Village Kundapur Taluk D.K.District – 576 201 Since deceased by LR’s 1(a) Sri.Sooryanarayana Chatra B S/o late B.Venkatachala Chatra Aged about 63 years 1(b) Sri.Sridhara Chatra B.
S/o late B.Venkatachala Chatra Aged about 54 years 1(c) B.Saroja Hathwar D/o late B.Venkatachala Chatra Aged about 52 years 1(a) to 1(c) are residing at Beejadi Village Koteshwara Post Kundapura Taluk Udupi District 1(d) Sri.Sudhindra Chatra S/o late B.Venkatachala Chatra Aged about 50 years District Manager BEML Ltd., No.67-12 Dattaprasad Building 3rd Floor, M.G.Road Panji, Goa – 403 001 1(e) B.N.Venkatesh S/o late B.Nagaraj Chatra Aged about 40 years 1(f) B.S.Prashanth S/o late B.Srinivas Chatra Aged about 36 years 1(g) B.S.Praveen S/o late B.Srinivas Chatra Aged about 31 years 1(h) Sri.B.C.Pradeep S/o late Chandrashekar Chatra Aged about 29 years 1(e) to 1(h) are residing at Beejadi Village Koteshwara Post Kundapura Taluk Udupi District ... Appellants (By Sri.T.Mohandas Shetty, Advocate - Absent) And:
1. The State of Karnataka Rep. by Secretary to Government of Karnataka Revenue Department Vidhana Soudha Bangalore – 560 001 2. The Land Reforms Appellate Authority, Kundapur – 576 201 Dakshina Kannada District 3. Land Tribunal Kundapur – 576 201 Dakshina Kannada District Rep: by its President 4. Smt.Ganga Mogerthi W/o not known to the petitioner Residing at Beejadi Village Kundapur Taluk – 576 201 Dakshina Kannada District Since deceased by LR’s 4(a) Srinivasa Mogera S/o late Ganga Mogerthi Aged about 46 years 4(b) Chandra Mogera S/o late Ganga Mogerthi Aged about 44 years 4(c) Ganesh Mogera S/o late Gang Mogerthi Aged about 42 years 4(d) Udaya Mogera S/o late Gang Mogerthi Aged about 40 years 4(e) Nagaraja Mogera S/o late Gang Mogerthi Aged about 38 years Lrs No.1 to 5 are residing at Brundavana Bakery D.G.Road Raghavendraswamy Mutta Complex, Turuvekere Taluk Tumkur District 4(f) Nagarathna Mogerthi S/o late Gang Mogerthi Aged about 38 years C/o Uppatharu Rama’s House Gopadi Divya Mane Road Beejadi, Koteswara Road Kundapura Taluk Udupi ... Respondents (Sri.V.Sreenidhi, Additional Government Advocate for respondent Nos.1 and 3 Sri.Vighneshwar S.Shastri, Advocate for respondent Nos.4(a) to 4(f) Notice to respondent No.2 is dispensed with vide order dated 26.11.2015) ---
This Writ Appeal is filed under Section 4 of the High Court Act, praying to set aside the order passed in Writ Petition No.12976/1997 dated 20.9.2012.
This appeal coming on for Preliminary Hearing this day, the Chief Justice delivered the following:
JUDGMENT Even in the second call, none appears for the appellants.
No accommodation is prayed for.
2. Mr.V.Sreenidhi, learned additional government advocate for the respondent Nos.1 and 3 and Mr.Vigneshwar S.Shastri, learned advocate for the respondent Nos.4(a) to 4(f), are present.
3. The appeal is dismissed for default.
4. In view of dismissal of the appeal, the pending interlocutory application does not survive for consideration and is, also, dismissed.
5. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB