1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2022 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA REGULAR FIRST APPEAL NO.862 OF 2013 C/W. REGULAR FIRST APPEAL NO.826 OF 2013 IN R.F.A.NO.862/2013 BETWEEN: SMT.S.H.SHARADA W/O LATE KUMARASWAMY AGED ABOUT 54 YEARS R/AT BEHIND PADMAMBA THEATRE THOTADAMANE SALIGRAMA VILLAGE SALIGRAMA HOBLI K.R.NAGAR TALUK MYSORE DISTRICT - 570 001. SINCE DEAD BY HER LRS. 1) B.K.SRINIVAS S/O LATE KUMARASWAMY AGED ABOUT 37 YEARS 2) B.K.SMITHA D/O LATE KUMARASWAMY AGED ABOUT 35 YEARS 3) B.K.SUNIL S/O LATE KUMARASWAMY AGED ABOUT 33 YEARS 2 ALL ARE R/A NO.10, BEHIND L.I.G. 14, BOGADI IIND STAGE, MYSORE - 570 026. ... APPELLANTS (BY SRI.B.M.MOHAN KUMAR, ADVOCATE) AND: 1. SMT.BHARATHI SWAMY W/O SRI.H.S.NANJUNDASWAMY AGED ABOUT 52 YEARS R/AT NO.2410, I CROSS HOSABANDIKERI K.R.MOHALLA MYSORE - 570 001. 2. SRI.H.S.NANJUNDASWAMY PRESIDENT CITY STATE BANK OF MYSORE AND OTHER BANK EMPLOYEES HOUSING CO-OPERATIVE SOCIETY, NO.2410, I CROSS HOSABANDIKERI K.R.MOHALLA MYSORE - 570 001. 3. SMT.MARIDEVAMMA @ MAHADEVAMMA (SINCE DEAD) W/O LATE THIMMAIAH @ THIMMEGOWDA AGED ABOUT 79 YEARS 4. SRI.BASAVAIAH (SINCE DEAD) REPRESENTED BY HIS LEGAL REPRESENTATIVES S/O LATE THIMMAIAH @ THIMMEGOWDA AGED ABOUT 59 YEARS 3 4 (a) SMT.SUDHAMANI AGED ABOUT 62 YEARS W/O LATE T.BASAVAIAH R/AT # 2858 3RD CROSS, 2ND MAIN JAYANAGAR MYSORE 4 (b) SMT.NANDINI W/O SRI.S.M.HARI KUMAR AGED ABOUT 47 YEARS R/AT NO.386, 4TH MAIN, T.K.LAYOUT, MYSORE - 570 001. 4 (c) SMT.SHALINI AGED ABOUT 37 YEARS W/O SRI.PRAKASH R/AT # 2858 NEW KANTHARAJA URS ROAD MYSORE - 570 001. 5. SRI.B.NANDISH S/O SRI.BASAVAIAH AGED ABOUT 33 YEARS RESPONDENTS 3 TO 5 ARE RESIDING AT NO.2858, 3RD CROSS, II MAIN ROAD JAYANAGAR, MYSORE - 570 001. …RESPONDENTS (BY SRI.RAVINDRA BABU, ADVOCATE FOR R-1 & R-2; R-4 (a & b) ARE SERVED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC, 1908 PRAYING TO CALL FOR RECORDS IN O.S.NO.773 OF 2006 ON THE FILE OF THE PRL. JUDGE, 4 SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSORE AND SET ASIDE THE JUDGMENT DATED 03.04.2013 PASSED IN THE SAME AND ETC. IN R.F.A.NO.826/2013 BETWEEN: SMT.S.H.SHARADA W/O LATE KUMARASWAMY AGED ABOUT 54 YEARS R/AT BEHIND PADMAMBA THEATRE THOTADAMANE SALIGRAMA VILLAGE SALIGRAMA HOBLI K.R.NAGAR TALUK MYSORE DISTRICT - 570 112. SINCE DEAD BY HER LRS. 1) B.K.SRINIVAS S/O LATE KUMARASWAMY AGED ABOUT 37 YEARS 2) B.K.SMITHA D/O LATE KUMARASWAMY AGED ABOUT 35 YEARS 3) B.K.SUNIL S/O LATE KUMARASWAMY AGED ABOUT 33 YEARS ALL ARE R/A NO.10, BEHIND L.I.G. 14, BOGADI IIND STAGE, MYSORE - 570 026. ... APPELLANTS (BY SRI.B.M.MOHAN KUMAR, ADVOCATE) 5 AND: 1. SMT.BHARATHI SWAMY W/O SRI.H.S.NANJUNDASWAMY AGED ABOUT 52 YEARS R/AT NO.2410, I CROSS HOSABANDIKERI K.R.MOHALLA MYSORE - 570 101. 2. SRI.H.S.NANJUNDASWAMY PRESIDENT CITY STATE BANK OF MYSORE AND OTHER BANK EMPLOYEES HOUSING CO-OPERATIVE SOCIETY, NO.2410, I CROSS HOSABANDIKERI K.R.MOHALLA MYSORE - 570 101. SMT.MARIDEVAMMA @ MAHADEVAMMA W/O LATE THIMMAIAH @ THIMMEGOWDA (SINCE DEAD BY LRS R-3 TO R-5) SRI.BASAVAIAH S/O LATE THIMMAIAH (SINCE DEAD) REPRESENTED BY HIS LEGAL REPRESENTATIVES R-3 TO R-5 3 SMT.SUDHAMANI AGED ABOUT 62 YEARS W/O LATE T.BASAVAIAH R/AT # 2858 3RD CROSS, 2ND MAIN JAYANAGAR MYSORE - 570 101. 4 SMT.NANDINI W/O SRI.S.M.HARI KUMAR 6 AGED ABOUT 47 YEARS R/AT NO.386, 4TH MAIN, T.K.LAYOUT, MYSORE - 570 101. 5 SMT.SHALINI AGED ABOUT 37 YEARS W/O SRI.PRAKASH R/AT # 2858 NEW KANTHARAJA URS ROAD MYSORE - 570 101. 6. SRI.B.NANDISH S/O SRI.BASAVAIAH AGED ABOUT 33 YEARS RESPONDENTS 3 TO 5 ARE RESIDING AT NO.2858, 3RD CROSS, II MAIN ROAD JAYANAGAR, MYSORE - 570 101. …RESPONDENTS (BY SRI.RAVINDRA BABU, ADVOCATE FOR R-1 & R-2 SRI.M.KRISHNAPPA, ADVOCATE FOR R-6; R-3 & R-5 ARE SERVED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC, 1908 PRAYING TO CALL FOR RECORDS IN O.S.NO.773 OF 2006 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, MYSORE AND SET ASIDE THE JUDGMENT DATED 03.04.2013 PASSED IN THE SAME AND ETC. THESE REGULAR FIRST APPEALS COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:- 7 JUDGMENT Learned counsel for appellants prays time for filing of paper books. 2. Appeals are of the year 2013, paper books are not filed despite the order dated 25.04.2018. Hence,, appeals are dismissed for non-prosecution by rejecting the prayer of learned counsel for appellants. Sd/- JUDGE GPG