Srimanthrao Since Deceased By Lrs ... vs Gurusiddamma W/O Channamallappa ...
2022 Latest Caselaw 8123 Kant

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           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

         DATED THIS THE 3RD DAY OF JUNE-2022

                       BEFORE

     THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR


                  RSA No.200037/2020

BETWEEN:

1.   REVAMMA
     W/O SRIMANTHRAO MALIPATIL,
     AGED: 74 YEARS
     R/O: KARAHARI, TQ: ALAND,
     DIST: KALABURAGI.

2.   BASAWARAJ
     S/O. SRIMANTHRAO MALIPATIL,
     AGED ABOUT: 47 YEARS,
     R/O KARAHARI, TQ. ALAND,
     DIST: KALABURAGI.

3.   GANGADHAR
     S/O. SRIMANTHRAO MALIPATIL,
     AGED ABOUT: 42 YEAS,
     OCC: AGICULTURE,
     R/O: KARAHARI, TQ: ALAND,
     DIST: KALABURAGI.

4.   SANGANNA
     S/O. SIMANTHRAO MALIPATIL,
     AGED ABOUT: 40 YEARS,
     OCC: AGICULTURE,
     R/O: KARAHARI, TQ: ALAND,
     DIST: KALABURAGI.

     SHARANAMMA W/O. SHARANABASAPPA BIADAR,
     SINCE DECEASED BY LR.
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5.    SHARANABASAPPA
      S/O. IRANNA BIRADAR,
      AGED ABOUT: 59 YEARS,
      OCC: AGICULTURE,
      R/O: KAMAL NAGAR, TQ: ALAND,
      DIST: KALABURAGI.
                                              ...APPELLANTS
(BY SRI. HANAMANTH M.GILKI &
    SRI. S.S.SIDHAPURKAR, ADVOCATES)
AND
      GURUSIDDAMMA
      W/O. CHANNAMALLAPPA,
      SINCE DECEASED, BY L.R'S.
1.    CHANNAMALLAPPA
      S/O. BASAWANAPPA KARBHARI,
      AGED ABOUT: 74 YEARS,
      OCC: AGRICULTURE,
      R/O: HATTARGA,
      TQ: BASAVAKALYAN,
      DIST. BIDAR-585327.

2.    MALLINATH
      S/O. CHANNAMALLAPPA,
      AGED ABOUT 50 YEARS,
      OCC: AGRICULTURE / SERVICE,
      R/O: PLOT NO.74-75, OLD GHATE LAYOUT,
      KALABUAGI-585103.

3.    JAYASHREE
      W/O. SHARANABASAPPA NIGUDAGI,
      AGED ABOUT: 44 YEARS,
      OCC: HOUSEHOLD,
      R/O: H.NO.8-393, KIRANA BAZAAR,
      FORT ROAD, KALABUAGI-585103.

4.    GANGAMMA
      W/O SHIVASHARRANAPPA HOSADODDI,
      AGED ABOUT: 69 YEARS,
      OCC: HOUSEHOLD,
      R/O: V.K.SALAGAR, TQ-ALAND,
      DIST: KALABURAGI-585302.
                           3



5.   SHANTABAI
     W/O. BHAGAVANTHRAO MALIPATIL,
     AGED ABOUT: 59 YEAS,
     OCC: HOUSEHOLD,
     R/O: KARHARI, TQ-ALAND,
     DIST: KALABURAGI-585302.

6.   INDUBAI
     W/O SHAMBULING HOSADODDI,
     AGED ABOUT: 54 YEARS,
     AGRICULTURE,
     R/O: KARHARI, TQ-ALAND,
     DIST: KALABURAGI-585302.
7.   UMADEVI
     W/O CHANNABASAPPA MALIPATIL,
     AGED ABOUT: 64 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: MATTI MADUVA,
     TQ. CHITTAPUR,
     DIST: KALABURAGI-585211.
                                      ... RESPONDENTS
     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC, PRAYING TO CALL FOR THE RECORDS
AND BE FURTHER PLEASED TO SET ASIDE THE JUDGMENT
DATED 24.10.2019 PASSED IN R.A.NO.37/2015 BY THE
LEARNED I ADDL. DISTRICT JUDGE AT KALABURAGI BY
ALLOWING THIS APPEAL WITH COSTS THROUGHOUT, AND BE
FURTHER PLEASED TO CONFIRM THE JUDGMENT AND DECREE
DATED 31.03.2015 PASSED IN O.S.NO.01/2010 ON THE FILE
OF THE LEARNED SENIOR CVIL JUDGE AT ALAND.


     THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:-
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                         JUDGMENT

Learned counsel for the appellants is absent even when

the matter is called-out for the second time in the afternoon

Session. The appeal is of the year 2020. The order sheet

reveals that the office objections are not complied in spite of

granting sufficient opportunity. It appears, the appellants are

not interested in prosecuting this appeal. Hence, the appeal is

dismissed for non-compliance of office objections.

Sd/-

JUDGE

KGR*