Sri S P Sreedhar vs Sri G R Devendrappa, Since Dead By ...
2022 Latest Caselaw 3216 Kant

                             1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 24TH DAY OF FEBRUARY, 2022

                          PRESENT

            THE HON'BLE MR. JUSTICE G.NARENDAR

                           AND

     THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

             REGULAR FIRST APPEAL NO.1186/2016

BETWEEN:

SRI S P SREEDHAR
S/O LATE SRI. C.PANDURANGAPPA,
AGED ABOUT 45 YEARS,
R/O DOOR NO.1987/1-2,
NEAR SRI SAI BABA MANDIR,
M.C.C. 'A' BLOCK, DAVANAGERE - 573 605.
                                             ... APPELLANT

(BY SRI SATHISH D.B, ADV. - ABSENT.)

AND:

SRI G R DEVENDRAPPA
SINCE DEAD BY HIS LR'S,

1.     SMT.H.MANJULA,
       W/O SRI LATE G.R.DEVENDRAPPA,
       AGED ABOUT 42 YEARS,

2.     KUM.G.D.DIVYA
       D/O SRI.LATE G.R.DEVENDRAPPA,
       AGED ABOUT 24 YEARS,

3.     KUM.G.D.DEEPA
       D/O SRI.LATE G.R.DEVENDRAPPA,
       AGED ABOUT 22 YEARS,
                            2


4.   KUM.G.D.SARASWATHI
     D/O SRI.LATE G.R.DEVENDRAPPA,
     AGED ABOUT 20 YEARS,

ALL ARE TEMPORARILY RESIDING IN
KRISHNAPPA COMPOUND,
BEHIND GANESHA TEMPLE,
MANGAMMA PALYA,
BANGALORE - 560 074.

5.   SMT.MALLAMMA
     W/O LATE SRI REVANSIDDAPPA,
     AGED ABOUT 80 YEARS,
     HOUSE-MAKER,
     R/O DODDA BATHI VILLAGE,
     DAVANAGERE TALUK - 573605.

6.   SMT. SIDDALINGAMMA
     W/O SRI REVANASIDDAPPA (KUMBARA)
     D/O LATE SRI REVANASIDDAPPA,
     AGED ABOUT 60 YEARS,
     HOUSE-MAKER,
     R/O SHINGRIHALLI VILLAGE,
     HARAPANAHALLI TALUK - 573610.

7.   SRI.G.R.BASAVARAJAPPA
     S/O LATE SRI REVANASIDDAPPA,
     AGED ABOUT 57 YEARS,
     GOVT. HIGH SCHOOL TEACHER,
     R/O DODDA BATHI VILLAGE,
     DAVANAGERE TALUK - 573 605.

8.   SMT. SHAKUNTHALAMMA
     W/O BASAPPA KUMBAR,
     AGED ABOUT 56 YEARS,
     HOUSE MAKER,
     R/O SHINGRIHALLI VILLAGE,
     HARAPANAHALLI TALUK - 573 610.

SRI. G.R.SIDDALINGAPPA
SINCE DIED BY HIS LRS
                             3


9.    SMT. JAYAMMA,
      W/O LATE SIDDALINGAPPA,
      AGED ABOUT 55 YEARS,
      R/O DODDA BATHI VILLAGE,
      DAVANAGERE TALUK - 573 605.

10.   SMT.RENUKAMMA
      D/O LATE SIDDALINGAPPA,
      W/O JAGADEESH,
      AGED ABOUT 36 YEARS,
      R/O SINGRIHALLI,
      HARAPANAHALLI TALUK - 573 610.

11.   SMT.SUDHA
      D/O LATE SIDDALINGAPPA,
      W/O MANJUNATH KUMBAR (HOTEL)
      AGED ABOUT 34 YEARS,
      R/O HUNASEKOPPA,
      SHIKARIPURA TALUK - 573 610.

12.   SRI SIDDESH
      S/O LATE SIDDALINGAPPA,
      AGED ABOUT 32 YEARS,
      R/O DODDABATHI VILLAGE,
      DAVANAGERE TALUK - 573 605.

13.   SRI GURURAJ
      S/O LATE SIDDALINGAPPA,
      AGED ABOUT 32 YEARS,
      R/O DODDABATHI VILLAGE,
      DAVANAGERE TALUK - 573 605.

14.   SRI.G.R.NAGRAJ
      S/O LATE REVANASIDDAPPA,
      AGED ABOUT 52 YEARS,
      R/O DODDA BATHI VILLAGE,
      DAVANAGERE TALUK - 573 605.

15.   SRI.G.R.SIDDESH
      S/O LATE REVANASIDDAPPA,
      AGED ABOUT 48 YEARS,
                             4



      R/O DODDA BATHI VILLAGE,
      DAVANAGERE TALUK - 573 605.

16.   SMT. LALITHAMMA
      W/O MAHESHWARAPPA,
      D/O LATE REVANASIDDAPPA,
      AGED ABOUT 46 YEARS,
      HOUSE MAKER,
      R/AT OMBALAGATTI VILLAGE,
      HARAPANAHALLI TALUK - 573 610.

17.   SRI. G.R.RAJAPPA
      S/O LATE REVANASIDDAPPA,
      AGED ABOUT 44 YEARS,
      R/O DODDA BATHI VILLAGE,
      DAVANAGERE TALUK - 573 605.

18.   SRI.G.R.SURESH
      S/O LATE REVANASIDDAPPA,
      AGED ABOUT 42 YEARS,
      R/O DODDA BATHI VILLAGE,
      DAVANAGERE TALUK - 573 605.

19.   SMT.LEELA
      W/O JAGADEESHA,
      D/O LATE REVANASIDDAPPA,
      AGED ABOUT 40 YEARS,
      R/O DODDA BATHI VILLAGE,
      DAVANAGERE TALUK - 573 605.

20.   SRI. G.S.SHAMBHULINGAPPA KAMBAR
      S/O SIDDALINGAPPA,
      AGED ABOUT 75 YEARS,
      AGRICULTURIST,
      R/O DODDA BATHI VILLAGE,
      DAVANAGERE TALUK - 573 605.

21.   SMT.K.S.MURUGESH
      S/O K.SHIVAPPA,
      AGED ABOUT 47 YEARS,
      AGRICUALTURIST & BUSINESS,
                              5


      BYDAGIPUTTAPPA BUILDING,
      PRASHNATH PROVISIONS STORES,
      BELLUDIGALLI,
      DAVANAGERE CITY - 573 604.

22.   SMT. SAVAMMA
      W/O LATE ADIVEPPA KUMBAR,
      AGED ABOUT 62 YEARS,
      HOUSE MAKER,

23.   SRI. G.A.NAGARAJ
      S/O LATE ADIVEPPA KUMBAR,
      AGED ABOUT 47 YEARS,
      AGRICULTURIST & POST MASTER,

24.   SRI. G.A.RUDRAPPA
      S/O LATE ADIVEPPA KUMBAR,
      AGED ABOUT 45 YEARS,
      AGRICULTURIST,

25.   SRI. G.A. KARIBASAPPA
      S/O LATE ADIVEPPA KUMBARA,
      AGED ABOUT 37 YEARS,
      AGRICULTURIST,

26.   SMT.SIDDAMMA
      W/O KOTRAPPA KUMBARA,
      D/O LATE ADIVEPPA,
      AGED ABOUT 51 YEARS,
      HOUSE MAKER,

RESPONDENT NO.22 TO 26

ARE RESIDENTS OF SHINGRIHALLI VILLAGE, ARASIKERE HOBLI, HARAPANAHALLI TALUK, DAVANAGERE DIST - 573 605.

27. SMT. SUDHA W/O C MOOGAPPAKUMBARA, D/O LATE ADIVEPPA, AGED ABOUT 49 YEARS

HOUSE MAKER, R/O KUMBARABEEDI, KOTTUR, KUDLIGI TALUK, BELLARY DIST. - 584 803.

28. SMT NIRMALA W/O G LOKESHAPPA KUMBARA, D/O LATE ADIVEPPA, AGED ABOUT 41 YEARS HOUSE MAKER, R/O HALLURU VILLAGE, HIREKERURU TALUK, HAVERI DIST. - 584 813.

29. SMT. INDIRAMMA W/O C NEELAPPA KUMBARA, D/O LATE ADIVEPPA, AGED ABOUT 39 YEARS HOSUE MAKER R/O HALEGANCHIKERI, TELAGI HOBLI, HARAPANAHALLI TALUK - 573 610.

30. SMT BASAMMA W/O LATE SHEKARAPPA KUMBARA, AGED ABOUT 55 YEARS, HOUSE MAKER

31. SRI SIDDESH S/O LATE SHEKARAPPA KUMBARA, AGED ABOUT 33 YEARS, AGRICULTURIST,

32. KUM. JYOTHI, D/O LATE SHEKARAPPA KUMBARA, AGED ABOUT 25 YEARS,

ARE RESIDENTS OF DODDABATHI VILLAGE, DAVANAGERE TALUK - 573 605.

33. SMT. RATHNAMMA W/O NIJALINGAPPAKUMBARA, D/O LATE SHEKARAPPA, AGED ABOUT 35 YEARS HOUSE MAKER, R/O KANDANAKOVI, DAVANAGERE TALUK - 573 605.

34. SMT. SIDDAMMA W/O RAJAPPA KUMBARA, D/O LATE SHEKARAPPA, AGED ABOUT 37 YEARS, HOUSE MAKER, R/O KENCHIKOPPA, HONNALI TALUK, DAVANAGERE DIST. - 573 605.

35. SRI REVANASIDDAPPA S/O DONEYAPPASARAGARA, AGED ABOUT 62 YEARS AGRICULTURIST, R/O DODDABATHI DAVANAGERE TALUK - 573 605.

36. SRI KUMBARA REVANASIDDAPPA S/O NANJAPPA, AGED ABOUT 63 YEARS AGRICULTURIST

SRI KUMBARA KOTRAPPA, SINCE DIED REP. BY HIS L.R'S

37. SMT. SIDDAMMA, W/O K.KOTRAPPA, AGED ABOUT 51 YEARS,

38. RENUKARADHYA S/O K KOTRAPPA, AGED ABOUT 32 YEARS

39. SRIDEVI D/O K KOTRAPPA, AGED ABOUT 30 YEARS

40. SOMASHEKAR S/O K KOTRAPPA, AGED ABOUT 28 YEARS

41. JYOTHI D/O K KOTRAPPA, AGED ABOUT 26 YEARS

42. K HANUMANTHAPPA S/O BHEEMAPPA, AGED ABOUT 72 YEARS AGRICULTURIST

RESPONDENTS NO.36 TO 41 ARE SINGRIHALLI VILLAGE, ARASIKERE HOBLI, HARAPANAHALLI TALUK, DAVANAGERE DIST, - 573 605.

43. SMT SHARADA M N W/O SRI M G NARAYANA SWAMY, AGED ABOUT 55 YEARS

44. SRI DEEPAK M G W/O SRI M G NARAYANA SWAMY, AGED ABOUT 32 YEARS BOTH ARE R/O # 231,"DISHA" NIJALINGAPPA LAYOUT, DAVANAGERE CITY - 573 605.

45. SMT. HABEEB KHANAM W/O LATE SRI ABDUL GAHANI SAB, AGED ABOUT 74 YEARS

46. SMT SAJIDA BANU W/O KHAJI SABBIR AHAMED, AGED ABOUT 36 YEARS

47. SRI MUSTAQ S/O LATE ABDUL GHANI SAB AGED ABOUT 34 YEARS

48. SMT RAHAT W/O SRI JAMALUDDIN, AGED ABOUT 28 YEARS,

ARE R/O #460/2, 9TH CROSS, 3RD MAIN, K.T.J NAGAR, DAVANGERE - 573 605.

... RESPONDENTS

THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 R/W ORDER XLI OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 29.3.2016 PASSED IN OS NO.47/2009 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, DAVANAGERE, PARTLY DECREEING THE SUIT FOR PARTITION, SEPARATE POSSESSION AND PERMANENT INJUNCTION.

THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, G.NARENDAR J, DELIVERED THE FOLLOWING:

JUDGMENT

Case is called, there is no representation on behalf of

the appellant.

2. The appeal was filed on 14.07.2016 and was

lying in cold storage on account of failure on the part of the

appellant to comply with the office objections. Appeal came

to be listed before this Court on 19.02.2018. After a hiatus

of more than two years, this Court ordered that appeal

would stand dismissed, if office objections are not complied

within a time of four weeks.

3. In view of the order dated 19.02.2018 the appeal

stood dismissed as the appellant did not deem it fit and

necessary to comply with the orders of this Court.

Thereafter, an application appears to have been filed to

recall the order dated 19.02.2018. The said application

came to be listed before the Court on 30.01.2019 and this

Court taking into consideration the admitted negligence on

record and regret expressed for the negligence, deemed it

appropriate to recall the order dated 19.02.2018, subject to

payment of cost of Rs.2,000/-. The records reveal that the

cost has been paid. It is now more than three years since

the order dated 30.01.2019 came to be passed recalling the

earlier order, despite passing of more than three years and

in all nearly six years. We find that the appellant has not

found it convenient and necessary to comply with the order.

It is apparent that the appellant is disinterested in

prosecuting the appeal. This disinterest is palpable if the

orders dated 21.01.2020, 27.05.2021 and 08.12.2021 are

viewed. There is no cause to grant further time, the appeal

stands dismissed.

4. Copy of this order to be forwarded to the

appellant.

Sd/-

JUDGE

Sd/-

JUDGE

Chs CT-HR