IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO. 884 OF 2012 Between:
1. Smt.Subhadramma, W/o Late Govinda Raju, Aged about 68 years, 373/23,8th Cross, 1st Main Road, KAVIKA Layout, Mysore Road, Bengaluru – 560026.
2. Sri.M.S.Srinivas, S/o Late M.Seetharamaiah, Aged about 61 years, 9/1, D.S.Lane, Saurashtrapet, Bengaluru – 560053.
3. Sri.M.S.Narayana Murthy, S/o Late M.Seetharamaiah, Aged about 51 years, 177/A, 3rd Block, II Stage, Nagarbhavi, Bengaluru – 560072.
4. Smt.Bharthi, W/o N.Suresh Babu, Aged about 38 years, 9-A, Manikkam Street, TRICHY – 620008. …Appellants (A1 to A4 - Absent) And:
1. Smt.Prabhamani, W/o K.V.Tulasiram, D/o Late K.Devendraiah, Major, 57,9th Main, 4th Cross, 3rd Block, Nagarbhavi I Stage, Bengaluru – 560072.
2. Smt.Shakeela, W/o Yuvaraj, D/o Late K.Devendraiah, Major, 778, 10th ‘A’ Main Road, 3rd Stage, 4th Block, Basaveshwaranagar, Bengaluru – 560079.
3. Sri.K.Bhadraswamy, Since dead by his LRs a) Mohan Angaya, S/o late K.Bhadraswamy, Major.
b) Ramesh Angaya, S/o Late K.Bhadraswamy, Major.
c) Sampath, S/o Late K.Bhadraswamy, Major.
d) Jagadeesh, S/o Late K.Bhadraswamy, Major.
e) Vasanth, S/o Late K.Bhadraswamy, Major.
f) Smt.Pramila, D/o Late K.Bhadraswamy, Major, No.1637, 14th Cross, 80 ft road, Chandralayout, Bengaluru – 560072.
g) Smt.Sujatha, D/o Late K.Bhadraswamy, Major, No.11, 2nd Cross, K.V.Temple Road, Sowrastrapet, Bengaluru – 560053.
a) to e) at No.44/45, New No.6, 6th cross, Thirukappana Galli, Cottonpet Cross, Bengaluru – 560053.
4. Sri.K.Balaramaiah, S/o Late A.Krishnaiah, Aged about 77 years.
5. Sri.A.R.Kantaraj, S/o Late K.rangaiah, Aged about 56 years.
6. Sri.A.R.Prakash, S/o Lte K.Rangaiah, Aged about 48 years.
7. Sri.A.R.Shekar, S/o Late K.Rangaiah, Aged about 44 years.
8. Smt.Nirmala, D/o Late K.Rangaiah, Aged about 45 years.
4 to 8 are residing at 44/45, New No.6, 6th Cross, Tirukappana Galli, Cottonpet Cross, Bengaluru – 560053.
9. Smt.Saroja, W/o M.N.Parashuram, Aged about 60 years, 529, 25th Main Road, Nandini Layout, Bengaluru – 560096. …Respondents (By Sri.R.S.Prasanna Kumar, Advocate for R1 Sri.H.B.Udaykumar, Advocate for R2 Sri.S.R.Suresh, Advocate for C/R4 to R7 R3(A) to R3(E), R3(G), R8 and R9 are served v/o dated 13.06.2014 appeal against R3(F) is dismissed) This Regular First Appeal is filed under Section 96 of CPC., against the order dated 06.03.2012 passed in FDP No.52/2007 on the file of the XVI Additional City Civil and Sessions Judge, Bengaluru (CCH-12) dismissing the petition filed under Order 20 Rule 18 read with Section 151 of CPC.
This Regular First Appeal coming on for Admission, this day, the Court made the following:
ORDER The appellants are absent. Learned counsel for respondent No.1 is present. Appeal is dismissed for non-prosecution.
Sd/- JUDGE NS