Karnataka High Court
Doddamariyappa vs Nagaiah on 2 June, 2022
Bench: Ravi V Hosmani
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE RAVI V. HOSMANI
REGULAR SECOND APPEAL NO.19/2014 (POS/INJ)
BETWEEN :
1. DODDAMARIYAPPA
S/O LATE DODDAIAH,
AND ADOPTED SON OF CHOWDAIAH,
SINCE DEAD BY HIS LRS.
1(a). RAMAMMA,
S/O LATE DODDAMARIYAPPA,
AGED ABOUT 60 YEARS,
(SINCE DIED ON 01-08-2013)
ALL HER LRS ARE ALREADY
ON RECORD AS LRS. 1(b) & 1(c).
1(b). RAMESH
S/O LATE DODDAMARIYAPPA
DEAD BY L.RS.
1(b)(a)SMT. SUJATHA
W/O. LATE RAMESH
AGED ABOUT 39 YEARS.
1(b)(b)KUM. RAKSHITHA
D/O. LATE RAMESH
AGED ABOUT 17 YEARS.
1(b)(c)KUM. NANDHITHA
D/O. LATE RAMESH
AGED ABOUT 10 YEARS.
[APPELLANTS NO.1(b)(b) AND 1(b)(c) ARE MINORS,
REPRESENTED BY THEIR NATURAL GUARDIAN/MOTHER
SMT. SUJATHA].
1(b)(a) TO 1(b)(c) ARE
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ALL RESIDING AT CHOWDAIAHNA DODDI
JAKKANAHALLI POST, KAILANCHA HOBLI,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT.
1(c). RUDRAIAH
S/O. LATE DODDA MARIYAPPA
AGED ABOUT 30 YEARS,
2. PAPANNA
S/O. LATE DODDA MARIYAPPA
AGED ABOUT 70 YEARS,
3. KAGALLAIAH
S/O. LATE CHOWDAIAH
SINCE DEAD BY HIS LRS.
3(a) CHOWDEGOWDA,
S/O. LATE KAGALLAIAH,
AGED ABOUT 67 YEARS,
3(b) DODDEGOWDA
S/O. LATE KAGALLAIAH,
DEAD BY LRS.
3(b)(a)SMT. KEMPARAJAMMA
W/O. LATE DODDAGOWDA
AGED ABOUT 60 YEARS.
3(b)(b)SMT. LALITHA
D/O. LATE DODDAGOWDA
AGED ABOUT 32 YEARS.
3(b)(c)SRI CHANDRASHEKAR
S/O. LATE DODDAGOWDA
AGED ABOUT 30 YEARS.
3(b)(d)SMT. HEMALATHA
D/O. LATE DODDAGOWDA
AGED ABOUT 28 YEARS.
3(b)(a) TO 3(b)(d)
ARE ALL RESIDING AT NO.3/1-2, 6TH MAIN ROAD,
BYATARAYANAPURA, MYSORE ROAD,
BENGALURU - 560 026.
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3(c) KAGGALLAIAH @ PUTTAIAH
S/O LATE KAGALLAIAH,
AGED ABOUT 61 YEARS.
3(d) RAMACHANDRAIAH
S/O LATE KAGALLAIAH,
AGED ABOUT 57 YEARS.
4. HOTTAPPA
S/O. LATE CHOWDAIAH
SINCE DEAD BY HIS LRS.
4(a) CHOWDAIAH,
S/O LATE HOTTAPPA.
AGED ABOUT 53 YEARS,
4(b) DODDAIAH
S/O LATE HOTTAPPA.
AGED ABOUT 48 YEARS,
4(c) SHIVANNA
S/O LATE HOTTAPPA.
AGED ABOUT 43 YEARS,
4(d) RAMAIAH
S/O. LATE HOTTAPPA
AGED ABOUT 38 YEARS.
4(e) MARISWAMY
S/O. LATE HOTTAPPA
AGED ABOUT 31 YEARS.
5. D.CHOWDAIAH
S/O LATE DODDAIAH,
AGED ABOUT 88 YEARS.
ALL ARE RESIDING AT
CHOWDAIAHNA DODDI
JAKKANAHALLI POST,
KYLANCHA HOBLI,
RAMANAGARA TALUK- 562 159
RAMANAGARA DIST.
...APPELLANTS
(BY SRI S. SHEKAR SHETTY, ADVOCATE FOR APPELLANT NO.1(C),
APPELLANT NOS.3(a) TO (c), APPELLANT NOS.4(a) TO (d),
APPELLANT No.5.
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AND :
NAGAIAH
S/O SANNA DODDAIAH,
AGED ABOUT 68 YEARS,
RESIDING AT CHOWDAIAHNADODDI
JAKKANAHALLI POST,
KYLANCHA HOBLI,
RAMANAGARA TALUK - 562 159
RAMANAGARA DISTRICT.
... RESPONDENT
(BY SRI M. C. JAYAKIRTHI, ADVOCATE)
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGMENT & DECREE DATED 07.08.2013 PASSED IN
R.A.NO.13/2007 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE &
CJM, RAMANAGARA, DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED 25.11.2006 PASSED IN
O.S.NO.122/1998 ON THE FILE OF THE CIVIL JUDGE (JR.DN) &
ADDL. JMFC., RAMANAGARAM.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
ORDER
Sri N. Subba Shastry, learned counsel for appellants has
filed a memo dated 16.02.2021 for retirement along with
acknowledgement of appellant no.6 for having received entire
file.
2. Memo is placed on record and learned counsel is
permitted to retire from case.
3. Till date no other arrangement is made by
appellants to engage counsel.
4. In the meanwhile, learned counsel for respondent
has filed a memo reporting death of sole respondent on
25.12.2021.
5. Memo is taken on record.
Since steps are not taken in respect of sole respondent
within time, appeal is dismissed as abated.
Sd/-
JUDGE
BS
