Karnataka High Court
Sri Moregeri Neelappa S/O Bullappa vs Sri Kolachi Jambanna S/O Nagabasappa on 11 December, 2023
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NC: 2023:KHC-D:14503
RSA No. 1792 of 2006
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REGULAR SECOND APPEAL NO.1792 OF 2006 (PAR)
BETWEEN:
1. MORIGERI NEELAPPA,
SINCE DECEASED BY HIS LRS
1A) MORIGERI NAGAMMA
W/O. NEELAPPA,
AGE: 60 YEARS, OCC: HOUSEWIFE,
R/O: HANUMANGONDANAHALLI VILLAGE,
TQ: HAGARIBOMMANAHALLI,
VIJAYANAGAR DIST-583136.
1B) SMT.SRIDEVAKKA W/O. K.GONEPPA,
AGE: AGED ABOUT 42 YEARS,
RANEBENNUR, TQ: HADAGALI,
DIST: BALLARI-583136.
Digitally
signed by
VISHAL
VISHAL
NINGAPPA 1C) SMT.HEMAVATHI
NINGAPPA PATTIHAL
PATTIHAL Date:
W/O MAHADEVAPPA
2023.12.14
11:37:11 AGED ABOUT 40 YEARS,
+0530
OCC: HOUSEWIFE,
R/O: HANUMANGONDANAHALLI VILLAGE,
TQ: HAGARIBOMMANAHALLI,
DIST: BALLARI-583136.
1D) SRI SHIVANAGAPPA
S/O LATE MOREGERI NEELAPPA,
AGED ABOUT 38 YEARS,
OCC: AGRICULTURE,
R/O HANUMANGONDANAHALLI,
TQ: HAGARIBOMMANAHALLI,
DIST: BALLARI-583136.
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RSA No. 1792 of 2006
1E) SRI BULLAPPA
S/O. LATE MOREGERI NEELAPPA,
AGE AGED ABOUT 34 YEARS,
OCC: AGRICULTURE,
R/O: HANUMANGONDANAHALLI VILLAGE,
TQ: HAGARIBOMMANAHALLI,
DIST: BALLARI-583136.
1F) SRI MAHADEVAPPA
S/O LATE MOREGERI NEELAPPA,
AGED ABOUT 30 YEARS,
OCC: AGRICULTURE,
R/O: HANUMAGONDANAHALLI,
TQ: HAGARIBOMMANAHALLI,
DIST: BALLARI-583136.
2. SMT.MORIGERI DHYAMAVAA
W/O NINGAPPA, SINCE DECEASED,
HER LRS. ARE ALREADY ON RECORD I.E.,
RESPONDENT NOS.3 TO 9
3. SRI MORIGERI KENCHAPPA,
S/O. LATE LINGAPPA,
AGE MAJOR,
R/O: HANUMAGONDANAHALLI VILLAGE,
HAGARIBOMMANAHALLI TALUK,
VIJAYANAGAR DISTRICT.
4. SRI MAHADEVAPPA
S/O LATE MOREGERI NINGAPPA,
AGE : MAJOR,
R/O: HANUMAGONDANAHALLI VILLAGE,
HAGARIBOMMANAHALLI TALUK,
VIJAYANAGARA DISTRICT.
5. SRI HANUMAPPA
S/O LATE LINGAPPA,
AGE : MAJOR,
R/O: HANUMAGONDANAHALLI VILLAGE,
HAGARIBOMMANAHALLI TALUK,
VIJAYANAGARA DISTRICT.
6. SMT. BALAMMA
W/O. HAVANUR YALLAPPA,
D/O MOREGERI NINGAPPA SINCE DECEASED
REPRESENTED BY HER LRS.
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RSA No. 1792 of 2006
6A) SMT.SUJATHAMMA
W/O HANUMAPPA,
R/O HANUMAGONDANAHALLI,
AGE 52 YEARS,
R/O HANUMAGONDANAHALLI,
POST: GADDIKERE,
TQ: HAGARI BOMMANAHALLI,
DIST: VIJAYANAGARA.
6B) SMT.MAHADEVAKKA
W/O LATE KOLACHI PARUSHAPPA,
AGE 50 YEARS,
R/O KATTEBENNUR VILLAGE,
TQ: HUVINADAGALI,
DIST: VIJAYANAGARA.
6C) HAVANUR NINGAPPA
S/O LATE YALLAPPA,
AGE : 48 YEARS,
R/O KATTEBENNUR VILLAGE,
TQ: HUVINADAGALI,
DIST: VIJAYANAGARA.
6D) HAVANUR SRIKANTHAPPA
S/O LATE YALLAPPA,
AGE : 46 YEARS,
R/O KATTEBENNUR VILLAGE,
TQ: HUVINADAGALI,
DIST: VIJAYANAGAR.
7. SMT. OMAKKA,
W/O. HAVANUR LAKKAPPA,
AGE : MAJOR, AGED 38 YEARS,
R/O. KATTEBENNUR VILLAGE,
HUVINADAGALI TALUK,
VIJAYANAGAR DIST.
8. SMT. RATHNAVVA
W/O NAGANAGOUDA,
AGE : MAJOR,
R/O DHANAPURA VILLAGE,
HAGARIBOMMANAHALLI TALUK,
DIST: VIJAYANAGARA.
9. SMT. NINGAMMA
W/O YALLAPPA,
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RSA No. 1792 of 2006
AGE MAJOR,
R/O. NANDIGAVI VILLAGE,
HUVINADAGALI TALUK,
VIJAYANAGAR DIST.
10. SMT.MORIGERI MAHADEVAKKA,
W/O SINGADI BHARMAJJA,
AGE : MAJOR,
R/O. HANUMAGONDANAHALLI VILLAGE,
HAGARIBOMMANAHALLI TALUK,
VIJAYANAGARA DIST.
11. SRI MORIGERI MAHADEVAPPA,
S/O. LATE CHANNABASAPPA,
DEAD BY HIS LRS.
11A) SMT.DEVAKKA
S/O LATE MAHADEVAPPA,
AGE : 55 YEARS,
R/O OLD HAGARIBOMMANAHALLI,
TQ: HAGARIBOMMANAHALLI,
DIST: VIJAYANAGAR.
11B) SMT.SUMITHRA W/O NATARAJ,
R/O HAGARIBOMMANAHALLI,
AGE : 34 YEARS,
R/O HAGARIBOMMANAHALLI,
TQ: HAGARIBOMMANAHALLI,
DIST: VIJAYANAGAR.
11C) MORIGERI JAGADISH
S/O LATE MORIGERI MAHADEVAPPA
AGE : 32 YEARS,
R/O OLD HAGARIBOMMANAHALLI,
TQ: HAGARIBOMMANAHALLI,
DIST: VIJAYANAGAR.
11D) DR.GAYATHRI
W/O DR.GIRISH THOLAMATTI,
AGE : 30 YEARS,
R/O DHANVANTHRI CLINIC,
VIJAYANAGAR.
11E) SMT.PAVITHRA
W/O M.MAHENDRA
AGE : 28 YEARS,
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NC: 2023:KHC-D:14503
RSA No. 1792 of 2006
R/O MAHENDRA AGRO EXIM,
MOGALAHALLI, MOLKALMUR TALUK,
CHITRADURGA DIST.
12. SRI MORIGERI RUDRAPPA,
S/O LATE MOREGERI CHANNABASAPPA,
AGE: MAJOR,
R/O HAGARIBOMMANAHALLI,
TQ: HAGARIBOMMANAHALLI,
VIJAYANAGARA DISTRICT.
13. SMT. AKKAMMA,
D/O LATE MOREGERI CHANNABASAPPA,
W/O KALAPPA, AGE: MAJOR,
R/O. KITHANUR VILLAGE,
HAGARIBOMMANAHALLI TALUK,
VIJAYANAGARA DISTRICT.
14. SMT. PARVATHAMMA,
D/O LATE MOREGERI CHANNABASAPPA,
W/O BASONAL DODDAPPA,
AGE: MAJOR, R/O. BAGANUR VILLAGE,
TALUK & DIST; KOPPAL.
...APPELLANTS
(BY SRI GODE NAGARAJA, ADV. FOR A1(D), A1(E),
A2, A3, A4, A5, A10, A11 AND A12;
NOTICE TO A6 (A) A6(D) AND A11(D) SERVED;
NOTICE TO A6 (B) AND A6(C) IS HELD SUFFICIENT)
AND:
1. SRI KOLACHI JAMBANNA,
S/O NAGABASAPPA SINCE DEAD BY HIS LRS
1A) SMT.PREMAVVA
W/O GURUSHANTHAPPA
AGE : MAJOR,
R/O HOLEITAGI,
SHIRAHATTI TALUK, GADAG DIST.
1B) SMT.SHOBAVVA
W/O HAVANUR NEELAPPA,
AGE : MAJOR,
R/O KATTEBENNUR VILLAGE,
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RSA No. 1792 of 2006
TALUK: HUVINAHADAGALI,
DIST: VIJAYANAGARA.
1C) KUM. PAVITHRA
D/O LATE JAMBANNA,
R/O KATTEBENNUR VILLAGE,
TALUK: HUVINAHADAGALI,
DIST: VIJAYANAGARA.
1D) KUMARI HALAMMA
D/O LATE KOLACHI JAMBANNA,
R/O KATTEBENNUR VILLAGE,
TALUK: HUVINAHADAGALI,
DIST: VIJAYANAGARA.
2. SMT. SHARADAMMA
W/O KOLACHI JAMBANNA,
AGED ABOUT 45 YEARS,
R/O. KATTEBENUR VILLAGE,
HADAGALI TALUK,
DIST: BELLARY-583 101.
RESPONDENT NO.2, WHO IS ALREADY
ON RECORD ALSO LEGAL HEIR OF DECEASED
RESPONDENT NO.1.
...RESPONDENTS
(BY SRI S.B. DODDAGOUDAR, ADVOCATE FOR R1 (A TO E);
SRI. S.V. SHASTRY, ADVOCATE FOR R2)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE
JUDGEMENT & DECREE DATED 13.3.2006, PASSED IN
R.A.NO.7/2001, ON THE FILE OF THE FAST TRACK COURT NO.III,
HOSPET, ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGEMENT AND DECREE DATED 30.6.2001 PASSED IN
O.S.NO.57/1993 ON THE FILE OF THE CIVIL JUDGE (SR.DN.),
HOSPET.
THIS REGULAR SECOND APPEAL, COMING ON FOR FINAL
HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:14503
RSA No. 1792 of 2006
JUDGMENT
This Court on 20.04.2023 permitted the appellant
Nos.1 to 7 and 9 to 14 to withdraw the appeal except
appellant No.8, as appellant No.8 had not come forward to
withdraw the appeal.
2. The permission was accorded to withdraw the
appeal on an application filed under Order XXIII Rule 1 of
CPC by appellant Nos.1 to 7 and 9 to 14.
3. I.A.No.2/2023 is filed by appellant No.8 seeking
to withdraw the present appeal as not pressed. The
application is accompanied with an affidavit of appellant
No.8, paragraph Nos.2 to 4 of the said affidavit reads as
under;
"2) I state that, the appellants including me have
filed the above appeal in the year 2006. that,
the dispute with regard to the land in question
in between ourselves and respondents is not
resolved for the long time and in view of not
resolving of the said dispute for the long period
the elders, relatives and the friends resolve the
dispute and instructed the appellants to
NC: 2023:KHC-D:14503
withdraw the above appeal. As per the
instructions and advice of the elders the
appellants except me have filed an application
U/p 23 Rule 1 of C.P.C. seeking permission of
this Hon'ble Court to withdraw the appeal as not
pressed. Accordingly this Hon'ble Court was
pleaded to pass an order permitting the
appellants except me to withdraw the above
appeal as not pressed.
3) I state that, as on the date of filing fo the
application U/s 23 Rule 1 of C.P.C. by the other
appellants I was not in station, I went to
Mangalore for coolie work and for a long period
I have not visited my native place and I have
not in contact with the other appellants for the
said reasons I have not jointed the other
appellants for filing of the application U/o 23
Rule 1 of CPC.
4) I state that, I cam to my native place on
16/10/2023, on that date I cam to know that,
the other appellants have filed the application
and withdraw the above appeal by them. After
coming into know of withdrawal of the above
appeal by the other appellants I came over to
Dharwad and contacted my counsel on
17.10.2023 and prepare the application on the
same day."
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4. In light of the affidavit of appellant No.8,
appellant No.8 is permitted to withdraw the appeal.
5. Since, appellant Nos.1 to 7 and 9 to 14 have
already withdrawn the appeal and now in view of withdrawal
of the appeal by appellant No.8, the present second appeal is
dismissed as withdrawn.
In light of the dismissal of the regular second appeal,
pending applications, if any, would not survive for
consideration and the same are accordingly disposed of.
Sd/-
JUDGE
EM, CT: UMD
