M S Mayamma vs T S Ponnamma
2021 Latest Caselaw 4043 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 12th DAY OF NOVEMBER, 2021

                     BEFORE

 THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

     REGULAR SECOND APPEAL No.1675 OF 2018

BETWEEN:
M S MAYAMMA,
D/O LATE. SUBBAIAH,
AGED 67 YEARS
GUDDEHOSUR VILLAGE,
KUSHALNAGAR HOBLI,
SOMAWARAPETE TALUK,
KODAGU DISTRICT,
PIN CODE: 571234.
                                     ...APPELLANT

(BY SRI. H.K.KENCHEGOWDA, ADVOCATE-ABSENT)

AND:
1.   T S PONNAMMA
     W/O LATE T D SUBBAIAH
     AGED 79 YEARS,

2.     T S KAVERAMMA
       D/O LATE T D SUBBAIAH
       W/O SARKANDA CHINGAPPA
       AGED ABOUT 43 YEARS,

3.     MISS T V NALINI
       D/O LATE T S VEERAPPA
       AGED 20 YEARS
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4.   MISS T V NIKITA
     D/O LATE T S VEERAPPA
     AGED ABOUT 15 YEARS

5.   MISS T V MIMITA
     D/O LATE T S VEERAPPA
     AGED 13 YEARS

6.   MASTER T V DILEEP
     S/O LATE T S VEERAPPA
     AGED 8 YEARS

     R4 TO R6 ARE MINORS
     REPRESENTED BY HER/HIS MOTHER
     AND NATURAL GURADIAN
     SMT KAVERAMMA
     W/O LATE T S VEERAPPA
     AGED 43 YEARS

     APPELLANTS 1 TO 6 ARE R/AT
     IGGODLU VILLAGE, SUNTICOPPA HOBLI,
     SOMWARAPETE TALUK,
     KODAGU DISTRICT

7.   SMT THANGAMMA
     D/O LATE T D SUBBAIAH
     AGED 45 YEARS
     JATTA JAMBOOR BUILDING
     NO 2, VEDANTACHARYA LAYOUT
     NEAR BISHOP COTTON SCHOOL
     HOSUR MAIN ROAD,
     SIONGASADNRA
     BENGALURU - 68

8.   SMT GANGE
     D/O LATE T D SUBBAIAH
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     AGED 40 YEARS
     RAJESHWARI 4TH MAIN,
     8TH CROSS, NEAR BISHOP COTTON SCHOOL,
     HOSUR MAIN ROAD, SINGASANDRA
     BENGALURU - 68

9.   SMT ROHINI
     D/O LATE T D SUBBAIAH
     AGED ABOUT 33 YEARS
     NO 36, SRINIVAS
     NEAR MASHWARAMMA TEMPLE,
     SUDDUGUNTAPALYA
     C V RAMAN NAGAR
     BENGALURU - 98

10 . SMT CHONDAVVA
     W/O LATE CHOLACHANDRA UTTAIAH
     AGED 67 YEARS
     HAMMIYALA VILLAGE,
     MADIKERI TALUK,
     KODAGU DISTRICT

11 . C U NANIAPPA @ NANU
     S/O LATE CHOLACHANDRA UTHAIAH
     AGED 47 YEARS
     NO 36, 2ND B CROSS,
     7/15 MAIN, GAREBAVIPALYA,
     BENGALURU - 68

12 . C U THIMMAIAH
     S/O LATE CHOLACHANDRA UTHAIAH
     AGED 45 YEARS
     IGGODLU VILLAGE,
     SUNTICOPPA HOBLI, SOMWAREPETE TALUK
     KODAGU DISTRICT
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13 . C U SURESH
     S/O LATE CHOLACHANDRA UTHAIAH
     AGED 42 YEARS
     LAXMAN BUILDING
     DOOR NO 16/1
     1ST FLOOR, VEERASANDRA,
     HOSUR MAIN ROAD,
     BENGALURU - 100

14 . C U GANAPATHY
     S/O LATE CHOLACHANDRA UTHAIAH
     AGED 38 YEARS
     DOOR NO 2,
     WHITE HOUSE,
     NARAYANA REDDY LAYOUT
     NEAR CHURCH ELECTRONIC CITY
     HOSUR MAIN RAOD,
     BENGALURU - 100

15 . C U RAJAPPA
     S/O LATE CHOLACHANDRA UTHAIAH
     AGED 37 YEARS
     HAMAIYALA VILLAGE
     MADIKERI TALUK
     KODAGU DISTRICT

16 . SMT T S KAVERAMMA
     D/O LATE T D SUBBAIAH
     W/O SARKANDA CHINGAPPA,
     AGED 54 YEARS
     SHIRANGALLI VILLAGE,
     SUNTICOPPA HOBLI,
     SOMWARAPETE TALUK
     KODAGU DISTRICT
                               ...RESPONDENTS
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     THIS REGULAR SECOND APPEAL IS FILED
UNDER SECTION.100 OF CPC AGAINST THE
JUDGMENT AND DECREE DTD 28.04.2018 PASSED
IN R.A.NO.22/2016 ON THE FILE OF THE SENIOR
CIVIL JUDGE, SOMWARPETE, ALLOWING THE APPEAL
AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 15.02.2016 PASSED IN O.S.NO. 56/2006 ON
THE FILE OF THE PRINCIPAL CIVIL JUDGE,
SOMWARPET.

     THIS APPEAL COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE following:

                           JUDGMENT

This Court on 08.11.2019 had granted three

weeks' time to comply with the office objections with an

observation that if the office objections are not complied

with, the appeal shall be listed for dismissal. However,

till date the office objections are not complied with.

Therefore, the appeal is dismissed for non

prosecution.

Sd/-

JUDGE JS/-