Karnataka High Court
Smt Muniyamma vs Late Muniswamappa on 11 April, 2023
Bench: H.P.Sandesh
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RSA No. 677 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 677 OF 2022 (PAR)
BETWEEN:
1. SMT. MUNIYAMMA
D/O LATE SRI PANDITH PAPAYYA
W/O LATE VENKATARAYAPPA
AGED ABOUT 75 YEARS
AGRICULTURIST
R/AT DODDASANNE VILLAGE
KASABA HOBLI
DEVANAHALLI TALUK
CHIKKABALLAPURA DISTRICT.
...APPELLANT
(BY SRI. CHOLARAJU B.M., ADVOCATE [ABSENT])
AND:
Digitally signed by
SHARANYA T 1. LATE MUNISWAMAPPA
Location: HIGH SINCE DEAD BY LRS.,
COURT OF
KARNATAKA
2. CHINNAMMA
D/O LATE MUNISWAMAPPA
MAJOR
3. RAMAPPA
S/O LATE MUNISWAMAPPA
MAJOR
4. SRINIVASA
S/O LATE MUNISWAMAPPA
MAJOR
-2-
RSA No. 677 of 2022
5. PAPANNA
S/O LATE MUNISWAMAPPA
MAJOR
RESPONDENTS NO.2 TO 5 ARE
R/AT DODDASANNE VILLAGE
KASABA HOBLI
DEVANAHALLI TALUK
CHIKKABALLAPURA DISTRICT
6. VENKATAMMA
W/O GUNDAPPA
MAJOR
R/AT SUBBARAYANA GATI
DODDABALLAPURA TALUK
7. LAKSHMAMMA
W/O MUNIYAPPA
R/AT SUBBARAYANA GATI
DODDABALLAPURA TALUK
(BY SRI. MNS ADVOCATE)
(RESPONDENTS NO.2 TO 7 ARE IN
OS.NO. 228/1989)
8. SRI PILLAPPA
SINCE DEAD BY LRS.,
9. KESHAVA MURTHY
S/O PILLAPPA
MAJOR
10. KRISHNAMURTHY
S/O LATE PILLAPPA
MAJOR
RESPONDENTS NO.9 AND 10
ARE R/AT DODASANNE VILLAGE
KASABA HOBLI
DEVANAHALLI TALUK
CHIKKABALLAPURA DISTRICT.
-3-
RSA No. 677 of 2022
11. SMT.GOWRAMMA
W/O NARAYANAPPA
MAJOR
R/AT KADIGANAHALLI
JALA HOBLI
BENGALURU NORTH TALUK
12. VENKATAPPA
S/O LATE MUNIVENKATAPPA
MAJOR
R/AT DODDASANNE VILLAGE
KASABA HOBLI
DEVANAHALLI TALUK
CHIKKABALLAPURA DISTRICT
13. GOWRAMMA
D/O LATE MOTAPPA
R/AT DARBUR VILLAGE
MANIKALLU HOBLI
CHIKKABALLAPURA TALUK
AND DISTRICT
14. SHANGRILLA RESORTS PVT. LTD., COMPANY
REPRESENTED BY ITS VICE JPRESIDENT
MR.PREM CHAWLA
HAVING ITS OFFICE AT
NO.225/1, 14TH MAIN
RAJMAHAL VILAS EXTENSION
BENGALURU-560 080
15. SMT. HANUMAKKA
W/O LATE MOTAPPA
MAJOR
R/AT DODDASANNE VILLAGE,
KASABA HOBLI
DEVANAHALLI TALUK
CHIKKABALLAPUR DISTRICT
16. APPAYANNA
S/O AJINAPPA
MAJOR
R/AT KADIGANAHALLI
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RSA No. 677 of 2022
JALA HOBLI
BENGALURU NORTH TALUK
17. L.N.KSHAMAMMA
W/O RAMAKRISHNAPPA
R/AT SANNAPANAHLLI
BENGALURU NORTH TALUK
18. APPAYANNA
S/O LATE MOTAPPA
SINCE DEAD BY LRS.,
19. SMT.JAYAMMA
D/O APPAYANNA
MAJOR
20. SRI RAMAJANAPPA
S/O APPAYANNA
MAJOR
21 SRI SUBRAMANI
S/O APPAYANNA
MAJOR
22. SMT. MANJAMMA
D/O APPAYANNA
MAJOR
23. SRI. MUNENDRA
S/O APPAYANNA
MAJOR
RESPONDENTS No.19 TO 23 ARE
R/AT KADIGANAHALLI, JALA HOBLI
BENGALURU NORTH TALUK
...RESPONDENTS
THIS R.S.A., IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 07.11.2012
PASSED IN R.A.NO.119/2006 AND R.A.NO.160/2006 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND ON THE FILE OF THE
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RSA No. 677 of 2022
MUNISFF JMFC IN O.S.NO.228/1989 ORDER DATED
22.12.2005.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This Court vide order dated 16.02.2023, even though the
matter was listed third time for non-compliance of office
objections, two weeks time was granted for compliance of office
objections on payment of cost of Rs.1,500/- payable at Registry
and it is also made clear that if the office objections are not
complied within two weeks, list the matter for dismissal after
two weeks.
2. Accordingly, the matter is listed today before the
Court. Inspite of an opportunity was given, till date the office
objections are not complied with and cost is also not paid.
Hence, in view of the peremptory order dated
16.02.2023, the appeal is dismissed for non-compliance of
office objections and non-payment of cost.
Sd/-
JUDGE
CP
