Smt Siddalingamma vs Sannappa
2022 Latest Caselaw 3889 Kant

                            1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 7TH DAY OF MARCH, 2022
                        BEFORE
           THE HON'BLE MR.JUSTICE R. NATARAJ
         R.S.A. NO. 2796 OF 2006 (DEC/INJ)

BETWEEN:

1.   SMT. SIDDALINGAMMA
     W/O. CHANDRANNA
     AGED ABOUT 68 YEARS
     OCC: AGRIL.,
2.   SMT. NAGARATHNAMMA
     W/O. SHIVANNA
     AGED ABOUT 54 YEARS
     OCC: AGRIL.
     SINCE DECEASED REP. BY HER LRS.
2(a). SHIVANNA
      AGED ABOUT 60 YEARS
      OCC: AGRIL.
2(b). S. JAYAMMA D/O. SHIVANNA
      32 YEARS, OCC: HOUSEHOLD WORK
2(c). MALLIKARJUNA S/O. SHIVANNA
      AGED ABOUT 29 YEARS,
      OCC: AGRIL.
2(d). DYAMAKKA D/O. SHIVANNA
      AGED ABOUT 26 YEARS,
      OCC: HOUSEHOLD.
2(e). S. RAGHAVENDRA D/O. SHIVANNA
      AGED ABOUT 24 YEARS.
     ALL ARE R/O. DUGGAVARA VILLAGE
     TALUK CHALLAKERE-577 522.
     DIST: CHITRADURGA.
                                         ...APPELLANTS
(BY SRI. RAVI G. SABHAHIT., ADVOCATE )
                              2




AND:

1.     SANNAPPA
       S/O. RANGAPPA
       AGED ABOUT 62 YEARS

2.     SMT. GANGAMMA
       W/O. RANGAPPA
       AGED ABOUT 67 YEARS
       REP. BY HER P.A. HOLDER
       SMT. SHARDAMMA.
       BOTH ARE R/O DUGGAVARA VILLAGE
       CHALLAKERE TALUK-577 522.      ...RESPONDENTS

(BY SRI. R.V. JAYAPRAKASH FOR C/R)

     THIS R.S.A. IS FILED UNDER SECTION 100 OF CODE OF
CIVIL PROCEDURE, 1908 AGAINST THE JUDGMENT AND
DECREE DATED 10.08.2006 PASSED IN R.A.NO.385/2002 ON
THE FILE OF THE CIVIL JUDGE (SR.DN) CHALLAKERE,
ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT
AND DECREE DATED 24.08.2002 PASSED IN O.S.NO.1143/1994
ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC.,
CHALLAKERE.
     THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

The appellants have not taken steps in respect of

deceased respondents No.1 and 2 inspite of granting

sufficient time. Hence, appeal as against respondents No.1

and 2 is abated.

Sd/-

JUDGE

hd