Late Madappa Since Deceased By His ... vs Smt. Siddamma
2022 Latest Caselaw 11323 Kant

                         1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 2ND DAY OF DECEMBER, 2019

                    PRESENT

    THE HON'BLE MR. JUSTICE ARAVIND KUMAR

                         AND

   THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

            R.F.A. NO.130 OF 2013 (SP)

BETWEEN:

LATE MADAPPA
SINCE DECEASED BY HIS LRs

1. SMT. AMARAVATHI
   W/O LATE MADAPPA
   AGED ABOUT 35 YEARS

2. KUM. MANASA
   D/O LATE MADAPPA
   AGED ABOUT 17 YEARS

3. MASTER MADAN
   S/O LATE MADAPPA
   AGED ABOUT 13 YEARS

APPELLANTS 2 AN 3 BEING MINORS
ARE REPRESENTED BY APPELLANT NO.1
THEIR MOTHER AND NATURAL GUARDIAN

ALL ARE RESIDING AT
KADUSONNAPPANAHALLI VILLAGE
BIDARAHALLI HOBLI
                          2




BANGALORE EAST TALUK
BANGALORE-562149                     ... APPELLANTS

(BY SRI.ABHINAV.R, ADVOCATE FOR
    KUMAR & KUMAR-ABSENT)

AND:

1. SMT. SIDDAMMA
   W/O LATE BEERAPPA
   AGED ABOUT 65 YEARS

2. SRI. B. VENKATESH
   S/O LATE BEERAPPA
   AGED ABOUT 41EARS

3. SRI. B. BEERAPPA
   S/O LATE BEERAPPA
   AGED ABOUT 37 YEARS

  ALL ARE RESIDING AT
  VEERENAHALLI VILLAGE
  BIDARAHALLI HOBLI
  BANGALORE EAST TALUK
  BANGALORE-149

4. SRI. MALLESH
   AGED ABOUT 34 YEARS
   S/O MUNISHAMAPPA
   KADUSONNAPPANAHALLI VILLAGE
   BIDARAHALLI HOBLI
   BANGALORE EAST TALUK
   BANGALORE-149                   ... RESPONDENTS

  (BY SRI. J. PRAKASH, ADVOCATE FOR R1 TO R3;
      SRI. C.RAJANNA, ADVOCATE FOR R4)

    THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE,
                            3



1908, AGAINST THE JUDGMENT AND DECREE DATED
30.10.12 PASSED IN O.S.NO.2957/2006 ON THE FILE OF
PRESIDING OFFICE, FAST TRACK COURT-IV, BANGALORE
RURAL DISTRICT, BANGALORE, DISMISSING THE SUIT
FILED FOR SPECIFIC PERFORMANCE.

    THIS RFA COMING ON FOR ADMISSION, THIS DAY,
ARAVIND KUMAR, J., DELIVERED THE FOLLOWING:-


                        JUDGMENT

On 3.07.2015 the appeal was heard and paper

books were ordered to be filed. Accordingly, on

7.12.2015 paper books have been filed.

Though four years have lapsed from the date of

filing of paper books, there is no representation on

behalf of appellants. Hence, appeal stands dismissed

for default.

Sd/-

JUDGE

Sd/-

JUDGE

ln