Karnataka High Court
Smt Sarojamma vs Sri Hanumanthu on 16 August, 2023
Bench: H.P.Sandesh
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RSA No. 221 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 221 OF 2019
BETWEEN:
1. SMT. SAROJAMMA
W/O RAMACHANDRA,
MAJOR,
R/AT PORTION OF SITE NO.4
OPP. TERESIAN COLLEGE,
MYSURU-570011.
2. SRI.K.CHANNAIAH
MAJOR,
WORKING IN KSRTC,
R/AT SITE NO.4
OPP. TERESIAN COLLEGE,
MYSURU-570011.
3. SRI. THAMMAIAH (DEAD)
Digitally signed
by SHARANYA T HIS SON BABU,
Location: HIGH MAJOR,
COURT OF SHARF DEALER,
KARNATAKA
R/AT SITE NO.4
OPP. TERESIAN COLLEGE,
MYSURU-570011.
4. SRI. LINGAPPA (SOLD)
SMT. VEENA,
W/O N. HARISH,
AGED ABOUT 45 YEARS,
R/AT BHUGATHAGALLI VILLAGE,
VAJAMANGALA POST,
VARUNA HOBLI,
MYSURU-570010.
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RSA No. 221 of 2019
5. SRI. ASHOK
S/O LATE ANANDARAO, MAJOR,
R/AT BUILDING BUILD ON
SITE NO.4, KURUBARAHALLI VILLAGE,
OPP. TERESIAN COLLEGE,
MYSURU-570011.
6. SRI. KODANDARAM
MAJOR, R/AT GIRIYABOVI PALYA,
OPP. TERESIAN COLLEGE,
MYSURU-570011.
...APPELLANTS
(BY SRI MANJUNATH PRASAD V., ADVOCATE)
AND:
1. SRI HANUMANTHU
SINCE DEAD BY LRS,
S/O UKKADA HANUMANTHA BOYI,
2. SMT. CHENNAMMA
W/O HANUMANTHU,
AGED ABOUT 61 YEARS
3. SOMASUNDARI A
D/O HANUMANTHU,
AGED ABOUT 29 YEARS
4. VISHALAKSHMI
D/O HANUMANTHU,
AGED ABOUT 21 YEARS
5. SRI DINESH (DEAD)
S/O HANUMANTHU,
6. SMT. JAYALAKSHMI
AGED ABOUT 31 YEARS
D/O LATE H. MOHAN SUNDAR
7. RUKMINI
AGED ABOUT 16 YEARS
D/O LATE MOHAN SUNDAR
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RSA No. 221 of 2019
8. SRI GANESH
AGED ABOUT 15 YEARS
S/O LATE MOHAN SUNDAR
9. NAGAMANI
AGED ABOUT 12 YEARS
D/O LATE MOHAN SUNDAR
RESPONDENT NOS.7 TO 9 ARE MINORS
REPRESENTED BY THEIR MOTHER
RESPONDENT NO.6
RESPONDENTS No.2 TO 9 ARE
RESIDING AT D.NO.87,
GIRIYABOVI PALYA,
NAZARBAD MOHALLA,
MYSURU-570011.
10. SRI CHIKKADASA BOVI (DEAD)
ELDER BROTHER OF THE PLAINTIFF,
SINCE DEAD BY LRS.
11. SMT. THIMMAMMA (FIRST WIFE)
W/O LATE R. CHIKKADASABOVI,
MAJOR,
SINCE DECEASED BY HER LRS
R-11 TO R-21
12. SMT. BHAGYALAKSHMI
W/O LATE G. HANUMANTHU @ MAYANNA,
AGED ABOUT 55 YEARS
13. SRI RAVIKUMAR
AGED ABOUT 35 YEARS
S/O LATE G. HANUMANTHU @ MAYANNA,
14. SRI SASHIKUMAR
AGED ABOUT 29 YEARS
S/O LATE G. HANUMANTHU @ MAYANNA,
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15. SRI SATHYA KUMAR
AGED ABOUT 32 YEARS
S/O LATE G. HANUMANTHU @ MAYANNA,
16. SMT. SHIVAMMA (SECOND WIFE)
W/O LATE CHIKKADASABOYI
AGED ABOUT 64 YEARS
17. SRI KALYAN KUMAR
AGED ABOUT 37 YEARS
S/O LATE R. CHIKKADASABOYI
18. SRI GANGADHAR
AGED ABOUT 28 YEARS
S/O LATE R. CHIKKADASABOYI
RESPONDENT NOS.11 TO 18 ARE
R/AT HOUSE BUILD ON REVENUE
SITE NO.5, OPP. TERESIAN COLLEGE,
MYSURU-570011
19. CHANDRAMMA
AGED ABOUT 44 YEARS
D/O LATE HANUMANTHAIAH
20. H.PADMA
AGED ABOUT 33 YEARS
D/O LATE HANUMANTHAIAH
RESPONDENTS NO.19 AND 20 ARE
R/AT D.NO.1823,
OPP. TERESIAN COLLEGE,
VIDYANAGARA, MYSURU-570011.
21. SMT. B. INDIRA
W/O S.NAGARAJU
D/O LATE CHIKKADASABOYI,
AGED ABOUT 34 YEARS
R/AT NO.1823, VIDYANAGARA,
OPP. TERESIAN COLLEGE,
T.NAGARASIPURA MAIN ROAD,
MYSURU-570011.
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RSA No. 221 of 2019
22. SRI MADAIAH
MAJOR,
R/AT ARAVATTIGE KOPPAL
BANNUR, NOW R/AT NO.4
OPP. TERESIAN COLLEGE,
MYSURU-570011.
23. SRI NAGENDRAPPA
MAJOR,
R/AT BANNUR,
T.NARASIPURA TALUK.
24. SRI N.CHENNAIAH
MAJOR,
WORKING IN KSRTC,
R/AT SITE NO.4
OPP. TERESIAN COLLEGE,
MYSURU-570011.
25. AMMANNAMMA
W/O BAGURAM
R/AT DURGI GUDI,
SHIMOGA-577201.
26. SRI. RANGAPPA
MAJOR, D.NO.184,
LASHKAR MOHALLA,
MYSURU-570 001.
27. SMT. FATHIMA BEGUM
W/O EQUBAL,
MAJOR,
K.R.PETE TOWN,
K.R.PET-571426.
28. SRI DASAPPA
MAJOR,
OPP. TERESIAN COLLEGE,
GIRIYABOVI PALYA,
MYSURU-570011.
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RSA No. 221 of 2019
29. SRI LAKKEGOWDA
MAJOR,
BUS STAND ROAD,
K.R.NAGARA-571602.
30. SMT. THAYAMMA
W/O LATE RAMAIAH @ RAMANNA,
AGED ABOUT 37 YEARS
R/AT GIRIYABOVI PALYA,
NEAR GANESHA TEMPLE,
NAZARBAD MOHALLA,
MYSURU-570010.
...RESPONDENTS
THIS RSA IS FILED AGAINST THE ORDER PASSED BY THE
PRL.SENIOR CIVIL JUDGE, AT MYSURU DATED 31.08.2015 IN FDP
NO.32/1989 AND NOT AGAINST JUDGMENT IN RA HENCE IN VIEW
OF SEC.96 AND R/W.SEC.100 OF CPC., THE RSA MAY NOT BE
MAINTAINABLE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
The counsel for the appellants submits that already
appeal is filed before the District Court. Hence, this second
appeal has become infructuous.
Accordingly, this appeal is dismissed as having become
infructuous.
Sd/-
JUDGE
AP
