Parvathamma vs Doreswamy
2022 Latest Caselaw 3795 Kant

                              1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 5TH DAY OF MARCH, 2022

                        BEFORE

           THE HON'BLE MR. JUSTICE R. NATARAJ

REGULAR SECOND APPEAL NO.1773 OF 2012 (DEC/INJ)

BETWEEN:

1.     PARVATHAMMA
       AGED ABOUT 69 YEARS,
       W/O M T KALLAPPA,
       MAVINAKERE VILLAGE,
       GANDASI HOBLI,
       ARSIKERE TALUK,
       HASSAN DISTRICT

2.     SHAKUNTALA
       AGED ABOUT 50 YEARS,
       D/O M T KALLAPPA,
       W/O NATARAJ,
       TADASURU, TIPTUR TALUK,
       TUMKUR DISTRICT

3.     SHIVASWAMY
       AGED ABOUT 48 YEARS,
       S/O M T KALLAPPA,

4.     SHANMUKHASWAMY
       AGED ABOUT 45 YEARS,
       S/O M T KALLAPPA,

5.     SATISH
       AGED ABOUT 40 YEARS,
       S/O M T KALLAPPA,

6.     PRANESH
       AGED ABOUT 37 YEARS,
       S/O M T KALLAPPA,
                               2




7.     MAAVURAMMA
       AGED ABOUT 64 YEARS,
       W/O SIDDAIAH

8.     CHANDRAIAH
       AGED ABOUT 59 YEARS,
       S/O CHATTAPPA

       SL.NOS.3 TO 8 ARE
       R/O MAVINAKERE VILLAGE,
       GANDASI HOBLI,
       ARSIKERE TALUK,
       HASSAN DISTRICT
                                      ...APPELLANTS
(BY SRI.M. VINAYAKEERTHY, ADVOCATE)

AND:

1.     DORESWAMY
       AGED ABOUT 39 YEARS,
       S/O RUDRAPPA SHETTY

2.     CHANDRAIAH
       AGED ABOUT 34 YEARS,
       S/O RUDRAPPA SHETTY,

3.     PARAMESHWARAIAH
       AGED ABOUT 32 YEARS,
       S/O RUDRAPPA SHETTY,

4.     CHANDRAPPA
       AGED ABOUT 29 YEARS,
       S/O RUDRAPPA SHETTY,

5.     PARVATHAMMA
       AGED ABOUT 64 YEARS,
       W/O RUDRAPPA SHETTY,

6.     MANJAMMA
       AGED ABOUT 59 YEARS,
       W/O RUDRAPPA SHETTY,
       SL.NOS.1-6 ARE
       R/O KENKERE VILLAGE,
                             3




       GANDASI HOBLI,
       ARSIKERE TALUK,
       HASSAN DISTRICT-572 101.
                                         ...RESPONDENTS

(BY SRI.RAMESHA.H.E, ADV. FOR R-2 & 3;
 R-1, R-4 TO R-6 -SERVED)

     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 18.04.2009 PASSED IN R.A.NO.16/2008 ON THE FILE OF
THE CIVIL JUDGE (SR.DN) AND ADDITIONAL CJM, ARASIKERE,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 16.11.2007 PASSED IN O.S.NO.527/1993
ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) ARASIKERE.

     THIS REGULAR SECOND APPEAL COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

In view of non-compliance of the order dated

27.10.2021, the appeal is dismissed.

Sd/-

JUDGE

NR/-