Karnataka High Court
Sidramappa S/O Kallappa vs Smt Nagawwa W/O Kallappa on 14 March, 2022
Bench: Ashok S. Kinagi
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE ASHOK S. KINAGI
RSA No.2607/2005 (RES)
BETWEEN:
1. SIDRAMAPPA
S/O KALLAPPA
AGED ABOUT 72 YEARS
2. SRI. BHIMASHA
S/O KALLAPPA
AGED ABOUT 55 YEARS
3. SRI. MALLAPPA
S/O KALLAPPA
AGED ABOUT 52 YEARS
ALL ARE R/O MATAKI, TQ. ALAND
DIST. KALBURGI
... APPELLANTS
(BY SRI. R. S. SIDHAPURKAR, ADVOCATE)
AND:
1. SMT. NAGAWWA
W/O KALLAPPA (DIED)
AGED: MAJOR
2. SATAWWA
D/O KALLAPPA
AGED ABOUT 60 YEARS, OCC: HOUSEHOLD
2
3. SMT. NEELAMMA
D/O KALLAPPA
AGED ABOUT 58 YEARS,
OCC: HOUSEHOLD
SHANTABAI
D/O SHARNAPPA (DIED)
AGED ABOUT 60 YEARS,
OCC: HOUSEHOLD
4. SHIVASHANKAR
S/O KALLAPPA
AGED ABOUT 72 YEARS,
OCC: AGRICULTURE
ALL ARE R/O VILLAGE MATAKI
TQ. ALAND, DIST. GULBARGA
KALLAWWA
W/O CHANDRAMAPPA
SINCE DECEASED BY LRS.
5. DR. SHIVANAND
S/O REVAPPA BADGE
SINCE DECEASED BY LRS.
a) GANGABAI
W/O LATE SHIVANAND BEDGE
AGED ABOUT 70 YEARS, OCC: HOUSEHOLD
b) ABHINAV
S/O LATE SHIVANAND BEDGE
AGED ABOUT 50 YEARS,
OCC: MEDICAL PRACTITIONER
c) VIJAYKUMAR
S/O LATE SHIVANAND BEDGE
AGED ABOUT 48 YEARS, OCC: BUSINESS
ALL ARE R/O H.NO.11-3-43, 'SHIVA GANGA'
DESHMUKH COLONY, ALAND - 585302
TQ. ALAND, DIST. KALABURGI
3
6. BABURAO
S/O REVAPPA BEDGE
AGED ABOUT 65 YEARS,
OCC: AGRICULTURE
R/O VILLAGE MATAKI, TQ. ALAND
DIST. KALABURGI
7. DHARAMRAO
S/O REVAPPA BEDGE
AGED ABOUT 66 YEARS,
OCC: AGRICULTURE
R/O SALEGAOAN, TQ. ALAND
DIST. KALABURGI
8. CHANDURAO
S/O REVAPPA BEDGE
AGED ABOUT 68 YEARS,
OCC: AGRICULTURE
R/O SALEGAOAN, TQ. ALAND
DIST. KALABURGI
DHARMAPPA
S/O CHANNAPPA
SINCE DECEASED BY LRS.
9. GOURABAI
W/O DHARMANNA (DEAD)
10. RATNABAI
W/O DHARMANNA
AGED ABOUT 68 YEARS,
OCC: HOUSEHOLD
R/A MATAKI VILLAGE,
TQ. ALAND
DIST. KALABURGI
11. SONABAI
W/O GURANNA (DEAD)
12. KAMALABAI
W/O VISHWANATH (DEAD)
4
13. SUSLABAI
W/O CHANDRASHA
AGED ABOUT 70 YEARS, OCC: HOUSEHOLD
R/A SANGUNDA, TQ. ALAND
DIST. KALABURGI
14. BASAVARAJ
S/O DHARMANNA
AGED ABOUT 52 YEARS, OCC: AGRICULTURE
R/A MATAKI VILLAGE, TQ. ALAND
DIST. KALABURGI
15. GOUDAPPA
S/O DHARMANNA
AGED ABOUT 45 YEARS, OCC: AGRICULTURE
LRS. 12, 13, 17 AND 18 ARE
R/A MATAKI VILLAGE, TQ. ALAND
DIST. KALABURGI
16. CHANDAMMA
W/O ANNAPPA (DEAD)
17. CHANDRAKANT
S/O ANNAPPA
AGED ABOUT 68 YEARS, OCC: AGRICULTURE
R/A MATAKI VILLAGE, TQ. ALAND
DIST. KALABURGI
18. SHIVARAYA
S/O ANNAPPA
AGED ABOUT 52 YEARS,
OCC: AGRICULTURE
R/A MATAKI VILLAGE, TQ. ALAND
DIST. KALABURGI
19. SRIMANTHRAYA
S/O ANNAPPA
AGED ABOUT 54 YEARS,
OCC: AGRICULTURE
R/A HEBLI VILLAGE, TQ. ALAND
DIST. KALABURGI
5
20. MALLIKARJUN
S/O ANNAPPA
AGED ABOUT 48 YEARS, OCC: AGRICULTURE
R/A HEBLI VILLAGE, TQ. ALAND
DIST. KALABURGI
21. KASHIBAI
D/O ANNAPPA
AGED ABOUT 30 YEARS, OCC: HOUSEHOLD
R/A KERMBAGI VILLAGE,
TQ. & DIST. KALABURGI
... RESPONDENTS
(BY SRI. R.J.BHUSARE & B.V.JALDE, ADVS. FOR R5(1)
TO R5(3), R6 TO R8, R10 TO R15 & R17 TO R21
APPEAL AGAINST R1 ABATED V/O DT. 23.09.2016
R2, R3, R4 ARE SERVED
APPEAL AGAINST R9 ABATED V/O DT. 20.08.2009
SERVICE OF NOTICE TO R16 HELD SUFFICIENT)
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE
DATED 02.09.2005 PASSED IN R.A.NO.25/2005 ON THE FILE OF
THE CIVIL JUDGE (SR.DN.), ALAND, DISMISSING THE APPEAL
AND CONFIRMING THE JUDGMENT AND DECREE DATED
15.04.1995, PASSED IN FDP No.3/1991 ON THE FILE OF THE
MUNSIFF, ALAND.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT
Learned counsel for the appellants submits that
appellants have not filed applications to bring the legal
representatives of deceased respondent No.1 and
legal representatives of deceased appellant No.3 by
operation of law and appeal may be abated.
Submission is placed on record.
Appeal is abated.
Sd/-
JUDGE
msr
