Sri Subbarayappa vs Sri Muniswamy
2022 Latest Caselaw 2363 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

            DATED THIS THE 06TH DAY OF MARCH, 2021

                           BEFORE

     THE HON'BLE MR.JUSTICE NATARAJ RANGASWAMY

              R.S.A. NO.1139 OF 2010 (DEC/INJ)

BETWEEN:

1.     SRI. SUBBARAYAPPA
       AGED ABOUT 54 YEARS
       S/O NALLAPANA NAGAPPA .

2.     SRI. NANJUNDACHARI
       AGED ABOUT 59 YEARS
       S/O NARAYANACHARI.

       BOTH ARE RESIDENTS
       SOORANAHALLI VILLAGE,
       KYSAMBALLI HOBLI,
       BANGARPET TALUK,
       KOLAR DISTRICT-563132.
                                            ...APPELLANTS

(BY SRI. N.S. SHESHADRI, ADVOCATE)

AND:

1.     SRI. MUNISWAMY
       SINCE DECEASED BY L.Rs.

       i)      SMT. CHAMUDIAMMA
               AGED ABOUT 75 YEARS
               W/O. LATE MUNISWAMY

       ii)     SRI. B.M. MUNIRATHNAM
               AGED ABOUT 52 YEARS
               S/O LATE MUNISWAMY
                              2




      iii)   SRI. B.M. ANANDA
             AGED ABOUT 34 YEARS
             S/O. LATE MUNISWAMY

      iv)    SMT. B.M. RADHAMMA
             AGED ABOUT 39 YEARS
             D/O. LATE MUNISWAMY

             ALL ARE RESIDING AT NEW TOWN,
             BETHAMANGALA TOWN,
             BANGARPET TALUK,
             KOLAR DISTRICT-563132.

2.    SRI. VENKATADASAPPA
      AGED ABOUT 75 YEARS
      RESIDENT OF SOORNAHALLI VILLAGE,
      KYSAMBALLI HOBLI,
      BANGARPET TALUK,
      KOLAR DISTRICT-563132.

                                         ...RESPONDENTS


      [BY SRI. DESHRAJ, ADVOCATE FOR RESPONDENT
NO.1(ii, iii, iv)-VC;
      NOTICE SERVED ON RESPONDENTS NO.2(c) & (e) BUT
UNREPRESENTED]

      THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 05.01.2010
PASSED IN R.A.NO.158/2001 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT, KGF, DISMISSING THE APPEAL
AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
21.11.2001 PASSED IN O.S.NO.112/1986 ON THE FILE OF THE
PRL. CIVIL JUDGE (JR.DN.), K.G.F.


      THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                        JUDGMENT

In view of the order dated 24.02.2021, the appeal

stands dismissed.

Office is directed not to list the appeal unless

appropriate applications are filed.

Sd/-

JUDGE

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