H Y Shivakumar vs B G Nataraj
2021 Latest Caselaw 5417 Kant

                                             RSA.1204/2010
                                1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 3RD DAY OF DECEMBER, 2021

                              BEFORE

       THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                      R.S.A.No.1204/2010

BETWEEN:

1.     H.Y.Shivakumar
       S/o Yogappa,
       Aged about 31 years,

2.     Smt. Siddamma
       W/o Yogappa,
       Aged about 56 years,

3.     Vimala
       D/o Yogappa,
       Aged about 34 years,

4.     Vishala
       D/o Yogappa,
       Aged about 33 years,

5.     Suma
       D/o Yogappa,
       Aged about 31 years,

       All are R/o. Halebeedu Village,
       Belur Taluk,
       Hassan District-573121.           ... APPELLANTS

(By Sri D.C.Jagadeesh, Adv.-Absent)

AND:

1.     B.G.Nataraj,
       Since deceased by his LRs.
                                                 RSA.1204/2010
                                 2


1(a)   Smt. H.C.Nandini
       w/o Late B.G.Nataraj,
       aged about 27 years,

1(b)   B.N.Ganashree
       D/o Late B.G.Nataraj,
       aged about 10 years,

1(c)   B.N.Eshwari
       D/o Late B.G.Nataraj,
       aged about 6 years,

       R1(b) & R1(c) are minors &
       Rep. by mother and N.G.,
       R1(a).
       All are R/o.No.491,
       Shruthiyalam, 7th Cross,
       7th main road, K.N.Extn.,
       Yeshwanthapura,
       Bangalore-560022.

2.     B.G.Shivakumar
       S/oB.M.Gangadhara,
       Aged about 44 years,

3.     B.G.Rajashekara,
       S/o B.M.Gangadhara,
       Aged about 43 years,
       2 & 3 are R/o Halebeedu Village,
       Belur Taluk, Hassan District-573121.

4.     H.C.Yogappa
       @ A.K.Gowda,
       S/o Chikkegowda,
       Aged about 62 years,
       R/o Halebeedu Village,
       Belur Taluk,
       Hassan district-573121.              ... RESPONDENTS

(By Sri Shankaraiah.B, Adv. for R1[A-C];
    R1(B) & (C) are minors rep. by R1(A);
    R2 to R4 - served)
                                                  RSA.1204/2010
                               3


      This Regular Second Appeal is filed under Section 100 of
CPC against the judgment and decree dated 25.02.2010 passed
in RA No.25/2008 on the file of the Civil Judge (Sr.Dn.) &
JMFC., Belur, allowing the appeal and setting aside the
judgment and decree dt:22.03.2004 passed in OS.No.11/1993
on the file of the Civil Judge (Junior Division) & JMFC., Belur.

      This appeal coming on for Dismissal, this day, the Court
delivered the following:

                           JUDGMENT

This Court on 26.10.2021 had finally granted a

week's time to the learned Counsel for the appellants to file

the paper book, failing which, the appeal was directed to

be listed for dismissal.

The matter is called twice. There is no representation

on behalf of the appellants.

Having regard to the order dated 26.10.2021 passed

by the co-ordinate bench of this Court, this Court has no

other option but to dismiss the appeal for non-prosecution.

Accordingly, this appeal is dismissed for non-prosecution.

Sd/-

JUDGE

KK