Karnataka High Court
Smt.Hiriyamma vs Sri Shivappa on 20 September, 2022
Bench: M G Uma
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RSA No. 1860 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
REGULAR SECOND APPEAL NO. 1860 OF 2014 (POS)
BETWEEN:
SMT. HIRIYAMMA
W/O HOSAPET HANUMANTHAPPA
DEAD BY LRS,
1 A) SMT. CHOWDAMMA
W/O PANDAPPA
MOTHER: LATE HIRIYAMMA
AGED ABOUT 44 YEARS
HOUSE HOLD
1 B) SMT. UMA
MOTHER: HIRIYAMMA
AGED ABOUT 37 YEARS
HOUSEHOLD WORK & COOLIE
1 C) SMT. MARIYAMMA
MOTHER: HIRIYAMMA
AGED ABOUT 34 YEARS
HOUSEHOLD WORK & COOLIE
ALL ARE R/A HOSA KUNDUWADA
Digitally
signed by DAVANAGERE TALUK & DISTRICT - 577 002.
NANDINI B G
SRI. HANUMANTHAPPA
Location: @ HOSAPET HANUMANTHAPPA
High Court Of
Karnataka AGED ABOUT 63 YEARS
R/O HOSA KUNDUWADA
DAVANAGERE TALUK &
DISTRICT - 577 002.
(APPELLANT IS DEAD APPELLANT 1(A) TO
APPELLANT 2 ARE HIS LEGAL REPRESENTATIVES)
2. SRI. PARUSHAPPA
S/O HOSAPET HANUMANTHAPPA
AGED ABOUT 28 YEARS
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RSA No. 1860 of 2014
R/O HOSA KUNDUWADA
DAVANAGERE TALUK &
DISTRICT - 577 002.
3. SMT. PREMAVVA
W/O NAGARAJAPPA HIRIYAMMA
AGED ABOUT 33 YEARS
R/O HOSA KUNDUWADA
DAVANAGERE TALUK &
DISTRICT - 577 002.
4. KUM. AJJAIAH
S/O LATE NAGARAJA HIRIYAMMA
AGED ABOUT 17 YEARS
MINOR, REPRESENTED BY HER
NATURAL GUARDIAN HER MOTHER
SMT. PREMAVVA
R/O HOSA KUNDUWADA
DAVANAGERE TALUK &
DISTRICT - 577 002.
5. KUM. ASHWINI
S/O LATE NAGARAJA HIRIYAMMA
AGED ABOUT 15 YEARS
MINOR, REPRESENTED BY
HER NATURAL GUARDIAN HER MOTHER
SMT. PREMAVVA
R/O HOSA KUNDUWADA
DAVANAGERE TALUK &
DISTRICT - 577 002
6. KUM. ANITHA
D/O LATE NAGARAJA HIRIYAMMA
AGED ABOUT 13 YEARS
MINOR, REPRESENTED BY HER
NATURAL GUARDIAN HER MOTHER
SMT. PREMAVVA
R/O HOSA KUNDUWADA
DAVANAGERE TALUK &
DISTRICT - 577 002.
...APPELLANTS
(A-1 (A) TO 1(C), A-2 TO A-6 APPELLANTS ARE NOT PRESENT)
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RSA No. 1860 of 2014
AND:
SRI. SHIVAPPA
AGED ABOUT 56 YEARS
S/O ADIVEPPA @ DURGAPPA
COOLIE WORK
R/O HOSA KUNDUWADA
DAVANAGERE TALUK AND DISTRICT - 577 002.
...RESPONDENT
(BY MR: REVANNA BELLARY, ADVOCATE (ABSENT))
THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 22.9.2014 PASSED IN
R.A.NO.41/2012 ON THE FILE OF THE III ADDL. SENIOR CIVIL
JUDGE, DAVANGERE, DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED 29.8.2012 PASSED IN
O.S.NO.26/2007 ON THE FILE OF THE PRL. CIVIL JUDGE,
DAVANGERE.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
No representation on behalf of the appellants.
2. On 01.09.2022, memo filed by the learned counsel
for the appellants was taken on record and the he was
permitted to retire from the case and the appellants were
granted final opportunity to appear before the Court or the
engage the services of the counsel. In spite of that, neither the
RSA No. 1860 of 2014
appellants have appeared before the Court nor they have
engaged the services of the counsel to represent them.
3. Even the paper books are not filed and the cost of
Rs.5,000/- as ordered by this Court dated 23.05.2022 is also
not paid.
4. Since the appellants are not willing to prosecute the
appeal, the appeal is dismissed for non prosecution.
Sd/-
JUDGE
*bgn/-
