Mariramaiah S/O Ramaiah vs Ramalingaiah S/O Late Maniyaiah
2023 Latest Caselaw 5947 Kant

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                                                         NC: 2023:KHC:30418
                                                         RSA No. 57 of 2009




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 24TH DAY OF AUGUST, 2023

                                         BEFORE
                      THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                      REGULAR SECOND APPEAL NO. 57 OF 2009 (PAR)
                BETWEEN:

                1.    MARIRAMAIAH S/O RAMAIAH,
                      AGE 48 YEARS,
                      OCC: AGRICULTURE,

                2.    NINGAIAH S/O LATE CHIKKANINGAIAH,
                      AGE 50 YEARS,
                      OCC: AGRICULTURE,

                3.    RAJU S/O LATE CHIKKANINGAIAH,
                      AGE 46 YEARS,
                      OCC: AGRICULTURE,

                4.    CHANDRAIAH S/O LATE CHIKKANINGAIAH,
                      AGE 44 YEARS,
                      OCC: AGRICULTURE,

                5.    MADAIAH S/O LATE CHIKKANINGAIAH,
Digitally             AGE 40 YEARS,
signed by             OCC: AGRICULTURE,
RENUKAMBA
KG              6.    RAMALINGAIAH S/O MARIRAMAIAH,
Location:             AGE 52 YEARS,
High Court of         OCC: AGRICULTURE,
Karnataka
                7.    JAYARAMU S/O MARIRAMAIAH,
                      AGE 54 YEARS,
                      OCC: AGRICULTURE,

                8.    RANGASWAMY S/O MARIRAMAIAH,
                      AGE 38 YEARS,
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                                       NC: 2023:KHC:30418
                                       RSA No. 57 of 2009




     OCC: AGRICULTURE

     ALL ARE RESIDENTS OF HEGGOTARA VILLAGE,
     TQ. AND DIST. CHAMARAJANAGAR-571 313.

                                             ...APPELLANTS

(BY SRI. MAHANTESH .S HOSMATH, ADVOCATE(ABSENT))
AND:

1.   RAMALINGAIAH S/O LATE MANIYAIAH,
     R/O NAGAVALLI VILLAGE,
     TQ. AND DIST. CHAMARAJANAGAR-571 313.

2.   RAMAIAH S/O CHIKKARAMAIAH,
     R/O HEGGOTARA VILLAGE,
     DIST. AND TQ. CHAMARAJANAGAR-571 313.

3.   RAMALINGAIAH S/O DODDALINGAIAH,
     R/O DARASAGUPPE VILLAGE,
     TQ. SRIRANGAPATNA,
     DIST. MANDYA.

4.   SHIVALINGAIAH S/O LATE DODDALINGAIAH,
     R/O HEGGOTARA VILLAGE,
     DIST. AND TQ. CHAMARAJANAGAR-571 313.

5.   JAYARAMU S/O DODDARAMAIAH,
     R/O SIDDAIAHNPURA VILLAGE,
     DIST. AND TQ. CHAMARAJANAGAR-571 313.

6.   MAHESHA S/O LATE DODDARAMAIAH,
     R/O HEGGOTARA VILLAGE,
     DIST. AND TQ. CHAMARAJANAGAR-571 313.

7.   GURULINGAIAH,
     S/O LATE DODDARAMAIAH,
     R/O HEGGOTARA VILLAGE,
     DIST. AND TQ. CHAMARAJANAGAR-571 313.
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                                         NC: 2023:KHC:30418
                                         RSA No. 57 of 2009




8.   RATHNAMMA W/O NANJUNDAIAH,
     R/O P MARAHALLI VILLAGE,
     TQ. NANJANAGUD.

9.   SUNDRAMMA W/O BASAVARAJ,
     AGE MAJOR, HOUSEHOLD,
     KUDERM,
     TQ. CHAMARAJANAGAR-571 313,
     (RESPONDENT 1 TO 9 ALL ARE MAJORS)

                                            ...RESPONDENTS

(BY SRI. A.S. MAHADEVA SWAMY, ADVOCATE FOR
    R1 TO R7(ABSENT),
    R8 & R9 ARE SERVED & UNREPRESENTED)

     THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & ORDER DATED 4.9.2008 PASSED IN MISC.NO.
134/2005   ON THE FILE OF THE CIVIL JUDGE (SR.DN.),
CHAMARAJANAGAR, DISMISSING I.A.NO.I FILED U/S 5 OF THE
LIMITATION ACT AND DISMISSING THE APPEAL          FILED
AGAINST THE JUDGEMENT AND DECREE DATED 13.1.2003
PASSED IN OS.NO. 139/1999 ON THE FILE OF THE ADDL.CIVIL
JUDGE (JR.DN.) & JMFC, CHAMARAJANAGAR.

    THIS APPEAL COMING ON FOR HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

Learned counsel for the appellant absent.

2. A memo for retirement filed by the learned

counsel for the appellant is already dismissed by this court

vide order dated 21.03.2023. The matter is pending since,

NC: 2023:KHC:30418 RSA No. 57 of 2009

2009 and the appellants have not shown any interest in

prosecuting the matter.

3. Hence, the appeal stands dismissed for non

prosecution.

Sd/-

JUDGE

SS