IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.638 OF 2017 (PAR) BETWEEN:
M/S UNIVERSAL PROPERTIES NO.48, 4TH MAIN, 7TH BLOCK 100 FEET ROAD KORAMANGALA, BANGALORE – 560 034 REP. BY ITS PARTNER SMT.A.C.SUMA AGED ABOUT 62 YEARS W/O RAGHAVENDRA NAIK … APPELLANT (BY SRI PRASHANTH B.K., ADVOCATE) AND:
1. SHRI B.H.NARASIMHAIAH SINCE DEAD BY HIS LRs 1(a) SMT.NANJAMMA AGED ABOUT 72 YEARS W/O B.H.NARASIMHAIAH 1(b) SHRI KUMAR AGED ABOUT 50 YEARS S/O LATE NARASIMHAIAH 1(c) SHRI MAHADEV AGED ABOUT 45 YEARS S/O LATE NARASIMHAIAH 1(d) SHRI DINESH AGED ABOUT 40 YEARS S/O LATE NARASIMHAIAH RESPONDENT NO.1(a) TO 1(d) ARE AT SKANDA NILAYA SRS ROAD, BEHIND K.E.B. PEENYA, BANGALORE – 560 058 2. SRI CHIKKAHANUMANTAIAH S/O LATE HANUMANTHAIAH AGED ABOUT 60 YEARS 3. SHRI THIMMAIAH AGED ABOUT 61 YEARS S/O LATE HANUMANTHAIAH 4. SHRI MUTHRAYAPPA AGED ABOUT 52 YEARS S/O LATE HANUMANTHAIAH 5. SMT.MUNIYAMMA AGED ABOUT 68 YEARS W/O LATE CHICKKAHANUMAIAH 6. SHRI DODDAIAH AGED ABOUT 53 YEARS S/O LATE CHICKKAHANUMAIAH 7. SHRI RUDRAIAH AGED ABOUT 43 YEARS S/O LATE CHIKKAHANUMAIAH 8. SHRI DINESH AGED ABOUT 37 YEARS S/O LATE CHIKKAHANUMAIAH RESPONDENT NO.2 TO 8 ARE AT BILLAKEMPANAHALLI VILLAGE BIDADI HOBLI RAMANAGARA TALUK 9. SHRI CHIKKACHANAPPA S/O LATE CHANNAHANUMAIAH SINCE DEAD REP. BY HIS LRs 9(a) SMT.LAKSHMINARASAMHA W/O LATE CHIKKACHENAPPA AGED ABOUT 75 YEARS 9(b) SHRI HANUMANARSAIAH S/O LATE CHIKKACHENAPPA AGED ABOUT 50 YEARS 9(c) SMT.ANUSUYA W/O LATE RAJU D/O LATE CHIKKACHENAPPA AGED ABOUT 47 YEARS 9(d) SMT.RENUKAMMA W/O SIDDALINGAYYA D/O LATE CHIKKACHENAPPA AGED ABOUT 44 YEARS 9(a) TO 9(d) ARE R/AT BILLAKEMPANAHALLI VILLAGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT 10. SHRI M.ASHOK KUMAR S/O MSG SHETTY R/AT NO.40, LAKSHMI COMPLEX K.R.ROAD, BANGALORE – 560 002 SINCE DEAD, REP. BY HIS LRs 10(a) SMT.LATHA MEDA ASHOK KUMAR W/O LATE ASHOK KUMAR M AGED ABOUT 68 YEARS 10(b) SHRI KIRAN KUMAR MEDA S/O LATE ASHOK KUMAR M AGED ABOUT 49 YEARS 10(c) SHRI CHETHAN S/O LATE ASHOK KUMAR M AGED ABOUT 45 YEARS 10(a) TO 10(c) ARE R/AT RS EAGLETON, THE GOLD RESORT 30TH KM, BANGALORE-MYSORE HIGHWAY BIDADI, RAMANAGARA – 562 109 ... RESPONDENTS THIS RSA IS FILED UNDER ORDER XLII RULE 1 READ WITH SECTION 100 OF CPC TO SET ASIDE THE JUDGMENT AND DECREE DATED:26.11.2016 PASSED IN R.A.NO.40/2007 (OLD R.A.NO.64/2005) ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA DISTRICT, CONSEQUENTLY SET ASIDE THE JUDGMENT AND DECREE DATED 16.04.2005 PASSED IN O.S.NO.33/1992 ON THE FILE OF THE ADDL. CIVIL JUDGE SENIOR DIVISION, RAMANAGARAM.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Peremptory order dated 08.02.2019 is not complied. Therefore, appeal already stood dismissed. No further orders are required.
Sd/- JUDGE KG