Karnataka High Court
Sri Galappa vs Smt Venkatamma on 12 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2023:KHC:45024
MFA No. 1800 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 1800 OF 2020 (CPC)
BETWEEN:
1. SRI GALAPPA
S/O LATE VENKATARAMANAPPA
AGED ABOUT 56 YEARS
2. SRI VENKATESH
S/O LATE VENKATARAMANAPPA
AGED ABOUT 51 YEARS
3. SRI CHELUVAIAH
S/O LATE VENKATARAMANAPPA
AGED ABOUT 49 YEARS
4. SRI JAYARAMU
S/O LATE VENKATARAMANAPPA
Digitally signed
AGED ABOUT 47 YEARS
by
DHANALAKSHMI
MURTHY 5. SMT NARAYANAMMA
Location: High
Court of D/O LATE VENKATARAMANAPPA
Karnataka
W/O VENKATESH
AGED ABOUT 44 YEARS
6. SMT BHAGYAMMA
D/O LATE VENKATARAMANAPPA
W/O NARENDRA
AGED ABOUT 42 YEARS
7. SRI KRISHNAPPA
S/O LATE VENKATARAMANAPPA
AGED ABOUT 41 YEARS
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NC: 2023:KHC:45024
MFA No. 1800 of 2020
8. SMT VENKATAMMA
D/O LATE VENKATARAMANAPPA
W/O ASHOK
AGED ABOUT 38 YEARS
9. SRI RAVI KUMAR
S/O LATE VENKATARAMANAPPA
AGED ABOUT 35 YEARS
10. SMT MANGAMMA
W/O LATE THIMMAPPA
@ THIMMAIAH
AGED ABOUT 71 YEARS
11. SRI ANJINAPPA
S/O THIMMAPPA @ THIMMAIAH
AGED ABOUT 53 YEARS
12. SMT PREMA
D/O THIMMAPPA @ THIMMAIAH
W/O SRINIVAS
AGED ABOUT 49 YEARS
13. SMT C SHOBHA
W/O LATE M T NAGARAJ
AGED ABOUT 42 YEARS
14. SRI RAGHAVENDRA
S/O LATE M T NAGARAJ
AGED ABOUT 23 YEARS
15. SMT LAKSHMI
D/O LATE M T NAGARAJ
AGED ABOUT 20 YEARS
16. SRI VENKATANARAYANA
S/O LATE THIMMAPPA
@ THIMMAIAH
AGED ABOUT 41 YEARS
17. SRI SAKAPPA
S/O LATE THIMMAPPA
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MFA No. 1800 of 2020
@ THIMMAIAH
AGED ABOUT 40 YEARS
18. SMT LATHA @ VENKATAMMA
D/O LATE THIMMAPPA
@ THIMMAIAH
W/O ANAND
AGED ABOUT 37 YEARS
19. SMT MANJULA
D/O LATE THIMMAPPA
@ THIMMAIAH
AGED ABOUT 36 YEARS
APPELLANT Nos. 1 TO 19 ARE
R/O MANGANAHALLI VILLAGE
YESHWANTHAPURA HOBLI
BENGALURU NORTH TALUK-560060
...APPELLANTS
(GALAPPA AND OTHERS APPELLANTS [ABSENT])
AND:
1. SMT VENKATAMMA
W/O LATE NARAYANAPPA
AGED MAJOR
2. SMT JAYAMMA
D/O LATE NARAYANAPPA
W/O VENKATASWAMY
AGED MAJOR
3. SMT VENKATALAKSHMI
D/O LATE NARAYANAPPA
W/O SHIVA KUMAR
AGED MAJOR
4. SRI MANJUNATHA
S/O LATE NARAYANAPPA
AGED MAJOR
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MFA No. 1800 of 2020
R1 TO R4 ARE RESIDING AT
MANGANAHALLI VILLAGE
YESHWANTHAPURA HOBLI
BENGALURU NORTH TALUK-560060.
5. SMT NANCHARAMMA
S/O LATE NARAYANAPPA
AGED MAJOR
6. SRI MANJUNATHA
S/O LATE GOVINDAPPA
AGED MAJOR
7. SMT LEELAVATHI
D/O LATE GOVINDAPPA
W/O HARI PRASAD
AGED MAJOR
R5 TO R7 ARE ALL ARE R/O
MANGANAHALLI VILLAGE
YESHWANTHAPURA HOBLI
BENGALURU NORTH TALUK-560060
...RESPONDENTS
THIS MFA IS FILED UNDER ORDER 41 RULE 1(r) OF THE
CPC, AGAINST THE ORDER DATED:03.09.2019 PASSED ON IA
NO.1 IN O.S.NO.1040/2018 ON THE FILE OF THE III
ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU, REJECTING IA NO.1 FILED UNDER
ORDER 39 RULE 1 AND 2 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:45024
MFA No. 1800 of 2020
JUDGMENT
1. The appellants are absent.
2. This Court by order dated 14.03.2023 had permitted
the counsel for the appellants to retire from the case and
the Court notice has been issued to the appellants. But,
the appellants neither engaged any other counsel nor
appeared before this Court when the matter is called out.
3. It appears that the appellants are not interested in
prosecuting this appeal. Hence, the above appeal is
dismissed for non-prosecution.
Sd/-
JUDGE
HA
