Sri Muniyappa Reddy vs The State Of Karnataka
2022 Latest Caselaw 12810 Kant

                          1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 3rd DAY OF NOVEMBER 2022

                      PRESENT

        THE HON'BLE MR. JUSTICE ALOK ARADHE

                         AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

              W.A. NO.6778 OF 2013 (LR)
                          IN
                  W.P.No.5538/2005


BETWEEN:

SRI.MUNIYAPPA REDDY
AGED 63 YEARS
S/O KURLAPPA
R/O MARATHAHALLI
VARTHUR HOBLI
BANGALORE SOUTH TALUK - 560 037
                                      ... APPELLANT

(BY MR.G.PAPI REDDY, ADV.(ABSENT))


AND:

1.     THE STATE OF KARNATAKA
       REVENUE DEPARTMENT
       M.S. BUILDING
       DR.B.R.AMBEDKAR VEEDHI
       BANGALORE - 560 001
       REPRESENTED BY ITS SECRETARY

2.     THE CHAIRMAN LAND TRIBUNAL
       BANGALORE SOUTH TALUK
                         2



     VISVESWARAIAH TOWERS
     DR.B.R.AMBEDKAR VEEDHI
     BANGALORE - 560 001

3.   SRI.ABBAIAH REDDY
     SINCE DECEASED BY LRS.

A)   RAMACHANDRA REDDY
     S/O LATE ABBAIAH REDDY
     AGED ABOUT 69 YEARS

B)   DODDA LAKSHMAIAH REDDY
     S/O LATE ABBAIAH REDDY
     AGED ABOUT 66 YEARS

C)   KANTHAMMA
     W/O LATE NANJAPPA REDDY
     D/O LATE ABBAIAH REDDY
     AGED ABOUT 60 YEARS

D)   KRISHNA REDDY
     S/O LATE ABBAIAH REDDY
     AGED ABOUT 58 YEARS

E)   SHANTHAMMA
     W/O ANJANEYA REDDY
     D/O LATE ABBAIAH REDDY
     AGED ABOUT 55 YEARS

F)   PRABHAKAR REDDY
     S/O LATE ABBAIAH REDDY
     AGED ABOUT 53 YEARS

4.   SRI.KRISHNA REDDY
     S/O LATE PAPAIAH REDDY
     SINCE DECEASED BY LRS.

A)   SRI.PAPAIAH REDDY
     S/O LATE KRISHNA REDDY
     AGED ABOUT 64 YEARS
                         3




B)   SRI.CHANDRA REDDY
     S/O LATE KRISHNA REDDY
     AGED ABOUT 62 YEARS

C)   SRI.MUNI REDDY
     S/O LATE KRISHNA REDDY
     AGED ABOUT 49 YEARS

D)   SRI.VENKATESH REDDY
     S/O LATE KRISHNA REDDY
     AGED ABOUT 49 YEARS

5.   SRI.LAKSHMANA REDDY
     S/O NANJAPPA REDDY
     AGED ABOUT 82 YEARS

6.   SRI.MUNISWAMY REDDY
     SINCE DECEASED BY LRS.

A)   BOJARAJA REDDY
     S/O LATE MUNISWAMY REDDY
     AGED ABOUT 66 YEARS

B)   VIJAYA REDDY
     S/O LATE MUNISWAMY REDDY
     AGED ABOUT 53 YEARS

C)   SATHYANARAYANA REDDY
     S/O LATE MUNISWAMY REDDY
     AGED ABOUT 49 YEARS

D)   ANKAPPA REDDY
     S/O LATE MUNISWAMY REDDY
     AGED ABOUT 57 YEARS

E)   MOHAN REDDY
     S/O LATE MUNISWAMY REDDY
     AGED ABOUT 49 YEARS
                          4




F)   SMT.SAVITHAMMA
     D/O LATE MUNISWAMY REDDY
     AGED ABOUT 67 YEARS

G)   SMT.DHANALAKASHMAMMA
     D/O LATE MUNISWAMY REDDY
     AGED ABOUT 63 YEARS

H)   SMT.SUSHEELAMMA
     D/O MUNISWAMY REDDY
     AGED ABOUT 55 YEARS

I)   SMT.RAJESHAWARI
     D/O MUNISWAMY REDDY
     AGED ABOUT 49 YEARS

     RESPONDENTS 3 TO 6 ARE ALL
     R/AT NO.2/1, 2ND CROSS
     PAPAIAH REDDY LAYOUT
     MUNNARAYANA PALYA
     R.T.NAGAR POST
     BANGALORE - 560 032

7.   SMT.AKKAMMA
     W/O MUNIYAPPA REDDY @
     YENUMALA REDDY
     AGED ABOUT 90 YEARS

8.   SMT.RADHAMMA
     W/O MUNIYAPPA REDDY @
     YENUMALA REDDY
     AGED ABOUT 53 YEARS

9.   SMT.PRAMILA
     D/O MUNIYAPPA REDDY @
     YENUMALA REDDY
     AGED ABOUT 48 YEARS

RESPONDENTS 7 TO 9 ARE ALL
R/O DODDKANNAHALLI
                           5



VARTHUR HOBLI
BANGALORE SOUTH TALUK - 560 037       ... RESPONDENTS

(BY MR.LAXMI NARAYANA, AGA FOR R1 & R2;
    MR.L.VIJAYAKUMAR, ADV. FOR APPLICANT IN IA 1/15;
    R4(C) - SERVED
    V/O DATED 11.03.2019 THE APPEAL STANDS
    ABATED AGAINST R5;
    R5, R7, R8 ARE SERVED;
    NOTICE TO R9 IS D/W V/O DTD:04.06.2015;
    MR.S.N.ASWATHNARAYAN, ADV. FOR R3 (A-F),
    R4 (A & D), R6 (A-I);
    V/O DATED 28.09.2021 APPEAL AGAINST
    R4 (B & C) IS ABATED;
    V/O DATED 21.06.2022 APPEAL AGAINST R5 & R7
    IS DISMISSED AS ABATED)

                          ---

    THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER PASSED IN THE WRIT PETITION NO.5538/2005
DATED 22.02.2013.

    THIS W.A. COMING ON FOR HEARING, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                       JUDGMENT

None for the appellant.

Mr.L.Narasimhamurthy, learned counsel for the

respondent Nos.3 to 6 has filed a memo stating that

the appellant has expired on 15.07.2019. No

application seeking substitution of legal

representatives of deceased appellant has been filed.

The appeal is abated and is therefore dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

RV