Karnataka High Court
Timmanna vs Chandrappa on 14 December, 2023
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NC: 2023:KHC-K:9240
RSA No. 1756 of 2007
C/W RSA No. 1755 of 2007
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
REGULAR SECOND APPEAL NO.1756 OF 2007 (PAR)
C/W
REGULAR SECOND APPEAL NO.1755 OF 2007(PSR)
IN RSA NO.1756/2007:
BETWEEN:
TIMMANNA S/O YALLAPPA VADDAR,
AGED 38 YEARS, OCC: AGRICULTURIST
R/O: GUNJANOOR,
TQ & DIST: YADGIR-585201.
...APPELLANT
(BY SMT. NEEVA M CHIMKOD, ADVOCATE)
AND:
Digitally signed
by SWETA
KULKARNI 1. CHANDRAPPA
Location: HIGH S/O ASHAPPA MALLAYYANOR
COURT OF AGED: 52 YEARS, OCC: AGRICULTURE
KARNATAKA
2. SABANNA S/O BHIMANNA AGSAR
AGED: 37 YEARS, OOC: AGRICULTURE
3. ABDUL SAB S/O SHARANAPPA AGSAR
AGED: 27 YEARS, OCC: AGRICULTURE
4. DASTGIR S/O NARASAPPA
AGED: 34 YEARS, OCC: AGRICULTURE
5. SIDDANNA S/O YELLAPPA VADDAR
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NC: 2023:KHC-K:9240
RSA No. 1756 of 2007
C/W RSA No. 1755 of 2007
DECEASED BY HIS LR'S.
5(a) PARVATHAMMA W/O CHANDRAPPA
AGE: 25 YEARS, OCC: HOUSEHOLD
R/O GUNJANOOR, TQ: DIST: YADGIRI.
5(b) BHEEMAVVA W/O YENKAPPA
AGE: 20 YEARS, OCC: AGRICULTURE
R/O GUNJANOOR,TQ: DIST: YADGIRI.
5(c) SHARANAMMA W/O RAMAYYA
AGE: 18 YEARS, OCC: AGRICULTURE
R/O WADI, TQ: CHITAPUR, DIST: KALABURAGI.
5(d) SUSHEELAMMA W/O RAJU
AGE: 20 YEARS, OCC: AGRICULTURE
R/O GUNJANOOR,TQ: DIST: YADGIRI.
5(e) SRIDEVI D/O LATE SIDDANNA,
AGE: 16 YEARS, OCC: STUDENT, MINOR
R/O GUNJANOOR,TQ: DIST: YADGIRI.
5(f) MAHADEVAPPA S/O LATE SIDDANNA
AGE: 20 YEARS, OCC: AGRICULTURE
R/O GUNJANOOR, TQ: DIST: YADGIRI.
...RESPONDENTS
[BY SRI RAVINDRA REDDY, ADV. FOR R1 TO R4;
SRI NARENDRA M. REDDY, ADV. FOR R5(b), (c) & (f);
R5(a)- SERVED; R5(e) MINOR REPRESENTED BY R5(a);
NOTICE TO R5(d) IS DISPENSED WITH]
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC, PRAYING TO CALL FOR RECORDS AND
ALLOW THIS APPEAL; SET ASIDE THE JUDGMENT AND DECREE
PASSED BY THE III ADDITIONAL DISTRICT JUDGE, GULBARGA
IN RA NO.56/2005 DATED 10.04.2007; RESTORE THE
JUDGMENT AND DECREE PASSED BY THE LEARNED CIVIL
JUDGE, SENIOR DIVISION, YADGIR IN OS NO.27/2000 DATED
11.07.2005.
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NC: 2023:KHC-K:9240
RSA No. 1756 of 2007
C/W RSA No. 1755 of 2007
IN RSA NO.1755/2007:
BETWEEN:
TIMMANNA S/O YALLAPPA VADDAR,
AGED 38 YEARS, OCC: AGRICULTURIST
R/O: GUNJANOOR,
TQ & DIST: YADGIR.
...APPELLANT
(BY SMT. NEEVA M CHIMKOD, ADVOCATE)
AND:
1. SIDDANNA S/O YELLAPPA VADDAR
DECEASED BY HIS LR'S.
1(a) PARVATHAMMA W/O CHANDRAPPA
AGE: 25 YEARS, OCC: HOUSEHOLD
R/O GUNJANOOR,TQ: DIST: YADGIRI.
1(b) BHEEMAVVA W/O YENKAPPA
AGE: 20 YEARS, OCC: AGRICULTURE
R/O GUNJANOOR,TQ: DIST: YADGIRI.
1(c) SHARANAMMA W/O RAMAYYA
AGE: 18 YEARS, OCC: AGRICULTURE
R/O WADI, TQ: CHITAPUR, DIST: KALABURAGI.
1(d) SUSHEELAMMA W/O RAJU
AGE: 20 YEARS, OCC: AGRICULTURE
R/O GUNJANOOR,TQ: DIST: YADGIRI.
1(e) SRIDEVI D/O LATE SIDDANNA,
AGE: 16 YEARS, OCC: STUDENT, MINOR
R/O GUNJANOOR,TQ: DIST: YADGIRI.
1(f) MAHADEVAPPA S/O LATE SIDDANNA
AGE: 20 YEARS, OCC: AGRICULTURE
R/O GUNJANOOR,TQ: DIST: YADGIRI.
2. CHANDRAPPA S/O ASHAPPA MALLAYYANOR
AGED: 52 YEARS,
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NC: 2023:KHC-K:9240
RSA No. 1756 of 2007
C/W RSA No. 1755 of 2007
3. SABANNA S/O BHIMANNA AGSAR
AGED: 37 YEARS,
4. ABDUL SAB S/O SHARANAPPA AGSAR
AGED: 27 YEARS, OCC: AGRICULTURE
5. DASTAGIR S/O NARASAPPA
AGED: 35 YEARS, OCC: AGRICULTURE
R/O GUNJANOOR,TQ: YADGIRI
GULBARGA DIST.
...RESPONDENTS
[BY SRI CHAITANYKUMAR ADV. FOR R1;
SRI RAVINDRA REDDY, ADV. FOR R2 TO R5;
SRI NARENDRA REDDY, ADV. FOR R1(b), R1(c) & R1(e);
R1(a) SERVED; NOTICE TO R1(d) &R1(f) IS DISPENSED
WITH V/O DATED 14.07.2023;
R1(e) IS MINOR REPRESENTED BY R1(a)]
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC, PRAYING TO CALL FOR RECORDS AND
ALLOW THIS APPEAL; SET ASIDE THE JUDGMENT AND DECREE
PASSED BY THE III ADDITIONAL DISTRICT JUDGE, GULBARGA
IN RA NO.49/2005 DATED 10.04.2007; RESTORE THE
JUDGMENT AND DECREE PASSED BY THE LEARNED CIVIL
JUDGE, SENIOR DIVISION, YADGIR IN OS NO.27/2000 DATED
11.07.2005.
THESE APPEALS COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Counsel for the appellant is absent. No representation
inspite of the matter being passed over thrice. The order sheet
dated 10.11.2023 reads as under:
NC: 2023:KHC-K:9240
"Learned counsel for the appellant is absent. No
representation. The appeals are of the year 2007. I do
not find any reason to adjourn the matter. However, to
afford final opportunity, list on 18.11.2023."
The appellant is not interested to prosecute the appeal.
Hence, the appeal is dismissed for default i.e., for non-
prosecution.
Sd/-
JUDGE
SWK
CT-VD
