Smt Parvathamma vs Smt Jayamma
2022 Latest Caselaw 768 Kant

                           1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 17TH DAY OF JANUARY, 2022

                        BEFORE

       THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

             R.S.A. No.2076/2016 (PAR)

BETWEEN:

1.     SMT. PARVATHAMMA,
       W/O LATE MALLESHAPPA,
       AGED ABOUT 46 YEARS,

2.     SRI. LOKESH,
       S/O LATE MALLESHAPPA,
       AGED ABOUT 27 YEARS,

3.     KUMARI NEELAMMA @ GUNDAMMA,
       D/O LATE MALLESHAPPA,
       AGED ABOUT 24 YEARS,

       ALL ARE R/AT BALABASAVANAHALLI VILLAGE,
       KALLAMBELLA HOBLI, SIRA TALUK,
       TUMKUR DISTRICT - 572 125.
                                          ... APPELLANTS

(BY SRI.JAGADEESH V.N., ADV. AND
    SRI.K.VIJAYAKUMAR, ADV. (ABSENT))

AND:

1.     SMT. JAYAMMA,
       ALLEGED W/O LATE MALLESHAPPA,
       AGED ABOUT 55 YEARS,

2.     M. MANJULA,
       ALLEGED D/O LATE MALLESHAPPA,
       AGED ABOUT 41 YEARS,
                                2



3.   M. RANGANATHA,
     ALLEGED S/O LATE MALLESHAPPA,
     AGED ABOUT 38 YEARS,

4.   M. RADHA,
     ALLEGED D/O LATE MALLESHAPPA,
     AGED ABOUT 35 YEARS,

     ALL ARE R/AT BALABASAVANAHALLI VILLAGE,
     KALLAMBELLA HOBLI, SIRA TALUK,
     TUMKUR DISTRICT - 572 125.
     PRESENTLY R/AT NO.1745,
     MURTHY HALL, KADUR TOWN,
     CHIKKAMAGALURU DISTRTICT - 577 548.

                                             ... RESPONDENTS

     THIS APPEAL IS FILED UNDER SECTION 100 READ
WITH ORDER 42 RULE 2 OF CPC., AGAINST THE JUDGMENT
AND DECREE DATED 23.08.2016 PASSED IN RA NO.19/2014
ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SIRA,
PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGMENT AND DECREE DATED 16.11.2013 PASSED IN OS
NO.48/2009 ON THE FILE OF THE CIVIL JUDGE JMFC, SIRA.

     THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

On 10.01.2022, the following order was passed:

"Today also, there is no representation on behalf of the appellants. One final opportunity is granted to the appellants to make submissions.

List this matter finally on 17.01.2022."

Today also, there is no representation on behalf of

the appellants. Left with no other alternative, this

Regular Second appeal is dismissed for non-prosecution.

Sd/-

JUDGE

SJK