Karnataka High Court
Sri Shivapartha vs Sri B R Babuswamy on 14 August, 2023
Bench: H.P.Sandesh
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NC: 2023:KHC:28736
RSA No. 1224 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.1224 OF 2021(DEC/PAR)
BETWEEN:
1. SRI. SHIVAPARTHA,
S/O LATE CHIKKA GUNDAPPA,
AGED ABOUT 53 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 87.
2. SMT. RENUKAMMA,
W/O LATE SHIVASENA,
AGED ABOUT 50 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
Digitally signed by
SHARANYA T BENGALURU SOUTH TALUK,
Location: HIGH BENGALURU - 87.
COURT OF
KARNATAKA
3. SRI. NAVEEN KUMAR,
S/O LATE SHIVASENA,
AGED ABOUT 24 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 87.
4. SMT. GOWRAMMA,
D/O LATE SHIVASENA,
AGED ABOUT 17 YEARS,
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RSA No. 1224 of 2021
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 87.
5. MS. SHOBHA,
D/O LATE SHIVASENA,
AGED ABOUT 15 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 87.
APPELLANTS NO.4 AND 5 ARE
BEING MINORS REPRESENTED BY THEIR
MOTHER SMT. RENUKAMMA,
W/O LATE SHIVASENA.
...APPELLANTS
(BY SRI. NAGABHUSHANA V., ADVOCATE (ABSENT))
AND:
1. SRI. B.R.BABUSWAMY,
S/O LATE RAMAIAH,
AGED ABOUT 54 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
2. SMT. BHAGYAMMA,
D/O LATE RAMAIAH,
AGED ABOUT 51 YEARS,
R/AT BALAGERE VILLAGE, VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
3. SMT. RENUKA,
D/O LATE RAMAIAH,
AGED ABOUT 40 YEARS,
R/AT BALAGERE VILLAGE,
-3-
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RSA No. 1224 of 2021
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
4. SMT. NAGAMMA,
W/O KRISHNAPPA,
AGED ABOUT 43 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
5. SMT. INDRAMMA,
D/O GULLA MUNIYAPPA,
AGED ABOUT 40 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
6. SMT. YELLAMMA,
D/O GULLA MUNIYAPPA,
AGED ABOUT 38 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
SMT. AMMAYAMMA
W/O LATE YELLAPPA,
AGED ABOUT 78 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
DIED HENCE DELETED
7. SMT. LAKSHMAMMA,
D/O LATE YELLAPPA,
AGED ABOUT 60 YEARS,
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RSA No. 1224 of 2021
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
8. SMT. LAKSHMAMMA,
W/O LATE NAGAPPA,
AGED ABOUT 70 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
9. SRI. CHANDRAPPA,
S/O LATE NAGAPPA,
AGED ABOUT 48 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
10. SRI. VENKATASWAMY,
S/O LATE YELLAPPA,
AGED ABOUT 62 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
11. SRI. MUNIYAPPA,
S/O LATE KAVERAPPA,
AGED ABOUT 75 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
12. THE SECRETARY,
PRIMARY CO-OPERATIVE AGRICULTURAL
RURAL AND DEVELOPMENT BANK LTD.,
NO.64/19, KANAKAPURA ROAD,
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RSA No. 1224 of 2021
BANASHANKARI,
BENGALURU - 560 050.
13. SMT. MUNIVENKATAMMA,
D/O LATE GULLAPPA,
W/O LATE MUNISWAMAPPA,
AGED ABOUT 85 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
14. SRI. B.M.KRISHNAPPA,
S/O MUNIVENKATAMMA,
AGED ABOUT 65 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
15. SRI. B.M.NARAYANAPPA,
S/O MUNIVENKATAMMA,
AGED ABOUT 63 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
16. SRI. ERAPPA,
S/O MUNIVENKATAMMA,
AGED ABOUT 60 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
17. SMT. ANJINAMMA,
D/O MUNIYAMMA,
AGED ABOUT 50 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
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RSA No. 1224 of 2021
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
18. SMT. MANGALAGOWRI,
W/O LATE MUNIYAPPA,
AGED ABOUT 60 YEARS,
R/AT CHAMBENAHALLI VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK,
BENGALURU URBAN DISTRICT - 562 125.
19. SRI. GOPALAPPA,
S/O LATE KAVERAMMA,
AGED ABOUT 70 YEARS,
R/AT CHAMBENAHALLI VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK,
BENGALURU URBAN DISTRICT - 562 125.
20. SMT. VAJRAMMA (BABY),
W/O LATE NANJAPPA,
AGED ABOUT 55 YEARS,
R/AT SARAKKI,
INDIRA GANDHI CIRCLE,
A.P.COLONY,
J.P.NAGAR, 1ST PHASE,
BENGALURU - 560 078.
21. SMT. PAPAMMA,
W/O LATE CHIKKA GUNDAPPA,
AGED ABOUT 75 YEARS,
R/AT BALAGERE VILLAGE,
VARTHUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU - 560 087.
22. SMT. SHIVALAKSHMAMMA,
D/O LATE CHIKKA GUNDAPPA,
AGED ABOUT 56 YEARS,
R/AT 354, CHALLAGHATTA,
BENGALURU EAST TALUK,
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NC: 2023:KHC:28736
RSA No. 1224 of 2021
BENGALURU - 560 071.
23. SMT. SHARADAMMA,
D/O LATE CHIKKA GUNDAPPA,
AGED ABOUT 50 YEARS,
R/AT NO.13, KADUBISANAHALLI,
BENGALURU EAST TALUK,
BENGALURU - 560 103.
24. SMT. B.C.JAYAMMA,
D/O LATE CHIKKA GUNDAPPA,
W/O K. VENKATESH,
AGED ABOUT 50 YEARS,
R/AT NO.1 /3, 4TH CROSS,
MARRY IMAMCULATE SCHOOL,
LAKKASANDRA, KADUGODI,
BENGALURU - 560 030.
...RESPONDENTS
(BY SRI. LOKESH R., ADVOCATE FOR CAVEATOR
R-11 (ABSENT);
SRI.S.M.BYRE GOWDA, ADVOCATE FOR CAVEATOR
R-16 (ABSENT))
THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 03.06.2021
PASSED IN RA.No.290/2012 ON THE FILE OF THE I
ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU, DISMISSING THE APPEAL AND FILED
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2011
PASSED IN OS No.397/2001 ON THE FILE OF THE PRINCIPAL
II CIVIL JUDGE (JR.DN). BENGALURU RURAL DISTRICT,
BENGALURU.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:28736
RSA No. 1224 of 2021
JUDGMENT
This Court in the previous occasion i.e., on
31.07.2023 having taken note that the appeal was filed
in the year 2021, the matter was listed for fourth time.
However, in the ends of justice, one more opportunity
was given to comply with the office objections with cost
of Rs.1,000/- and it was also made clear that if office
objections are not complied and if cost is not paid, the
appeal would be dismissed. Inspite of it, the compliance
is not done and cost is also not paid. Hence, the appeal
is dismissed for non compliance of office objections.
Sd/-
JUDGE
DR
