ADILAKSHMI W/O RAJU AND B.R. RAHUL S/O RAJU REP. BY NATURAL GUARDIAN HIS MOTHER Vs. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree, dated 17.4.2010 passed by the Court of the IX Additional City Civil and Sessions Judge, Bangalore (CCH 5) in O.S. No. 5340/07.

(2.) THE facts of the Appellants' case in brief are that the Appellant Nos. 1 and 2 are the wife and son of one Sri Raju respectively, who was working as a sweeper in the services of Bruhat Bangalore Mahanagara Palike ('BBMP' for short). The Appellants claim that the said Raju worked from 1981 to 11.10.1997. He left home for his work place on the said day. Thereafter, he never returned home. The Appellants lodged the police complaint. The said Raju could not be traced by the police also. The Appellants filed a suit seeking the relief of declaration that the said Raju S/Q Narayana is not alive and that therefore be presumed to be dead. The Respondent BBMP did not file the written statement. Based on the pleadings contained in the plaint, the Trial Court framed the following issues:

(3.) SRI T. Rajaram, the learned Counsel for the Appellants submits that the Respondent BBMP did not file the written statement. Based on a stray question put by the Respondent in the course of cross -examination of PW1 that deceased Raju is in Madras, the suit is dismissed. He also submits that the legal notice (Ex.P2) issued to the BBMP did not elicit any response.