Smt Shanthamma vs Sri Muniyappa
2022 Latest Caselaw 3632 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 3RD DAY OF MARCH, 2022

                         BEFORE

           THE HON'BLE MR.JUSTICE R. NATARAJ

           R.S.A. NO.2369 OF 2018 (DEC/INJ)

BETWEEN:

1.     SMT. SHANTHAMMA
       W/O LATE MUNIYAPPA
       AGED ABOUT 58 YEARS

2.     SMT. KALAVATHI
       D/O LATE MUNIYAPPA
       AGED ABOUT 38 YEARS

3.     SMT. KAVITA
       D/O LATE MUNIYAPPA
       AGED ABOUT 34 YEARS

4.     SRI. VISHWANATH
       S/O LATE MUNIYAPPA
       AGED ABOUT 32 YEARS

       ALL ARE R/AT EMBRAHALLI VILLAGE
       KARAHALLI POST,
       DEVANAHALLI TALUK,
       BANGALORE DISTRICT-562110.
                                         ...APPELLANTS

(BY SRI. VIJAYA SHEKARA GOWDA V, ADVOCATE - ABSENT)

AND:

1.     SRI. MUNIYAPPA
       S/O LATE MUNISHAMAPPA
       SINCE HE DIED ON 15.03.2014
       LEAVING BEHIND HIM, HIS LRS
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        i.e. PLAINTIFFS 1 TO 4 AND
        2ND DEFENDANT
        (APPELLANTS 1 TO 4 AND
        2ND RESPONDENT)
        TO SUCCEED HIS ESTATE AND
        RIGHT TO SUE SURVIVES

2.      SMT. CHANDRAKALA
        D/O LATE MUNIYAPPA
        AGED ABOUT 39 YEARS

3.      SRI. MUNIRAJU
        S/OLATE ANJINAPPA
        AGED ABOUT 53 YEARS

        ALL ARE RESIDING AT
        EMBRAHALLI VILLAGE,
        KARAHALLI POST,
        DEVANAHALLI TALUK,
        BANGALORE DISTRICT - 562110.

                                             ...RESPONDENTS


        THIS R.S.A. IS FILED UNDER SECTION 100 OF CODE OF
CIVIL   PROCEDURE,   1908   AGAINST    THE   JUDGMENT   AND
DECREE DATED 05.09.2018 PASSED IN RA.NO.15023/2017 ON
THE FILE OF THE V ADDL DISTRICT AND SESSIONS JUDGE
DEVANAHALLI DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 10.02.2017 PASSED IN OS
NO.255/08 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC DEVANAHALLI.


        THIS R.S.A. COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                              3




                        JUDGMENT

Though the appeal is called out twice in a day, there

is no representation for the appellants.

2. The learned counsel for respondents submits

that the appellants have consistently remained absent

before this Court. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

hnm