Karnataka High Court
Smt Ningajamma vs Sri M B Krishna on 20 April, 2023
Bench: H.P.Sandesh
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RSA No. 197 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 197 OF 2022 (PAR)
BETWEEN:
1. SMT. NINGAJAMMA
WIFE OF NARASIMHAIAH
AGED ABOUT 55 YEARS
RESIDING AT NO.6/1
JEDARAHALLI
3RD MAIN, 5TH BLOCK
RAJAJINAGARA
BENGALURU-560 010.
2. SMT. GOWRAMMA
WIFE OF BOREGOWDA
AGED ABOUT 53 YEARS
RESIDING AT ECHURU VILLAGE
BETTADAPURA HOBLI
PERIYAPATNA TALUK
Digitally signed
by SHARANYA T MYSURU DISTRICT.
Location: HIGH
COURT OF 3. SMT. REKHA
KARNATAKA
DAUGHTER OF NAGARAJU
AGED ABOUT 31 YEARS
RESIDING AT MALLAPURA VILLAGE
RAMANATHAPURA HOBLI
ARAKALAGUDU TALUK
HASSAN DISTRICT.
4. SMT. NANDINI
DAUGHTER OF NAGARAJU
W/O THIMMEGOWDA
AGED ABOUT 29 YEARS
RESIDING AT MALLAPURA VILLAGE
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RSA No. 197 of 2022
RAMANATHAPURA HOBLI
ARAKALAGUDU TALUK
HASSAN DISTRICT.
5. SMT. RANGAMMA
WIFE OF SHIVAPPA
AGED ABOUT 51 YEARS
RESIDING AT MALLAPURA VILLAGE
RAMANATHAPURA HOBLI
ARAKALAGUDU TALUK
HASSAN DISTRICT.
6. SMT KIKKERAMMA
WIFE OF GOVINDEGOWDA
AGED ABOUT 49 YEARS
RESIDING AT MALLAPURA VILLAGE
RAMANATHAPURA HOBLI
ARAKALAGUDU TALUK
HASSAN DISTRICT.
SMT.SHANTHAMMA
WIFE OF PRAKASHA
DEAD BY HER LRS.,
7. SMT. MEGHA
DAUGHTER OF LATE SHANTHAMMA
AGED ABOUT 26 YEARS
8. SRI GIRISH
S/O LATE SHANTHAMMA
AGED ABOUT 23 YEARS
7 & 8 ARE RESIDING AT
GORAGUNDI VILLAGE
HALLIMYSURU HOBLI
HOLENARASIPURA TALUK
HASSAN DISTRICT.
9. SRI RANGANATH M.G,
SON OF GOVINDEGOWDA
AGED ABOUT 34 YEARS
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RSA No. 197 of 2022
10. SRI ESHA
SON OF GOVINDEGOWDA
AGED ABOUT 29 YEARS
11. SMT. NINGAJAMMA
WIFE OF LATE GOVINDEGOWDA
AGED ABOUT 47 YEARS
NOS.9, 10 & 11 ARE
RESIDING AT MALLAPURA VILLAGE
RAMANATHAPURA HOBLI
ARAKALAGUDU TALUK,
HASSAN DISTRICT.
SRI NARASIMHAIAH
SON OF NARASIMHAIAH
DEAD BY HIS LRS.,
12. SMT. PARVATHI
WIFE OF A.B. GOVINDA
DAUGHTER OF LATE N.NARASIMHAIAH
AGED ABOUT 48 YEARS
RESIDING AT NO.956
CHURCH STREET, WATER TANK
KUMARASWAMY LAYOUT
BENGALURU-560 078.
13. SRI N. BALARAM
SON OF N.NARASIMHAIAH
AGED ABOUT 45 YEARS
RESIDING AT NO.6/1
JEDARAHALLI, 3RD MAIN
5TH BLOCK, RAJAJINAGARA
BENGALURU-560 010.
14. SMT. SHARADA N
WIFE OF DHANANJAYA T.D.,
DAUGHTER OF LATE NARASIMHAIAH
AGED ABOUT 42 YEARS
RESIDING AT 4TH 'B' BLOCK
THOVINAKERE, KORATAGER TALUK
TUMAKURU DISTRICT.
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RSA No. 197 of 2022
15. SRI KRISHNA N,
SON OF LATE NARASIMHAIAH
AGED ABOUT 39 YEARS
RESIDING AT NO.6/1
JEDARAHALLI, 3RD MAIN
5TH BLOCK, RAJAJINAGARA
BENGALURU-560 010.
...APPELLANTS
(BY SRI. VINAY G, ADVOCATE [ABSENT])
AND:
1. SRI M.B.KRISHNA
SON OF LATE GOVINDEGOWDA
AGED ABOUT 37 YEARS
2. SMT. SHOBHA
DAUGHTER OF LATE GOVINDEGOWDA
AGED ABOUT 40 YEARS
3. SMT. JYOTHI
DAUGHTER OF LATE GOVINDEGOWDA
AGED ABOUT 39 YEARS
4. SMT. CHIKKAMMA
DAUGHTER OF LATE GOVINDEGOWDA
AGED ABOUT 62 YEARS
ALL ARE RESIDING AT
MALLARAJAPATTANA VILLAGE
RAMANATHAPURA HOBLI
ARAKALAGUDU TALUK
HASSAN DISTRICT.
...RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 31.01.2020 PASSED IN
R.A.NO.11/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC., ARAKALAGUDU, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
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RSA No. 197 of 2022
17.04.2012 PASSED IN O.S.NO.215/2005 ON THE FILE OF THE
CIVIL JUDGE AND JMFC., AT ARAKALAGUDU.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This Court vide order dated 30.03.2023, considering the
matter was listed second time for non-compliance of office
objections, granted three weeks time to comply with the office
objections on payment of cost of Rs.1,000/- payable at Registry
and there was no representation on behalf of the appellants.
2. Today also, the learned counsel for the appellants is
absent and not complied with the office objections and also not
paid the cost.
3. Hence, in view of the peremptory order dated
30.03.2023, the appeal is dismissed for non-compliance of
office objections and non-payment of cost.
Sd/-
JUDGE
CP
