Karnataka High Court
Sri. K. Hanumanthaiah vs Sri. C.V. Narayanappa on 18 December, 2023
Author: V Srishananda
Bench: V Srishananda
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NC: 2023:KHC:46085
RFA No. 1045 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 1045 OF 2015 (DEC/INJ)
BETWEEN:
1. SRI. K. HANUMANTHAIAH,
S/O R. SANNAKERNCHAIAH,
AGED ABOUT 61 YEARS,
ATTENDER, RMC YARD, HIRIYUR,
CHITRADURGA DISTRICT.
2. SMT. ARUNAKSHAMMA,
W/O MAHADEVAIAH,
AGED ABOUT 51 YEARS,
3. SRI. RAGHAVENDRA,
S/O LATE MAHADEVAIAH,
AGED ABOUT 31 YEARS,
Digitally 4. SRI. PRADEEP,
signed by R
MANJUNATHA S/O LATE MAHADEVAIAH,
Location: AGED ABOUT 28 YEARS,
HIGH COURT
OF
KARNATAKA
RESPONDENTS NO.2 TO 4 ARE,
RESIDING AT DURGAMMA NILAYA,
VEDAVATHI NAGARA, 3RD YARD, HIRIYUR,
CHITRADURGA, DISTRICT - 577 501.
...APPELLANTS
(BY SRI. SIDDAPPA B. M., ADVOCATE (RETIRED) FROM CASE)
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RFA No. 1045 of 2015
AND:
1. SRI. C. V. NARAYANAPPA,
S/O C. N. VENKATAPPA,
AGED ABOUT 79 YEARS,
RESIDING AT CHANNAKESHAVA BADAVANE,
CHITRADURGA,
NOW RESIDING AT OPPOSITE
VEERANJANEYA TEMPLE,
STADIUM ROAD, CHITRADURGA - 577 501.
2. SRI. C. P. SUDHAKAR,
S/O C. R. PENNAIAH,
AGED ABOUT 54 YEARS,
CIVIL ENGINEER, CHURCH EXTENSION,
KSRTC BUS DEPOT ROAD,
CHITRADURGA - 577 501.
3. SRI. C. K. RANGASWAMY,
S/O DODDAKENCHAPPA,
AGED ABOUT 61 YEARS,
RESIDING AT AMBEDKAR NAGARA,
CHITRADURGA - 577 501.
SRI. C. K. NARAYAN MURTHY,
S/O DODDAKENCHAPPA,
DECEASED BY HIS LR'S.
4. SMT. BHAGYAMMA,
S/O LATE K. NARAYANAMURTHY,
AGED ABOUT 51 YEARS.
5. SRI. VASANTH,
S/O LATE K. NARAYANAMURTHY,
AGED ABOUT 31 YEARS,
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RFA No. 1045 of 2015
6. PADMA,
D/O LATE K. NARAYANAMURTHY,
AGED ABOUT 31 YEARS,
7. BABY,
D/O LATE K. NARAYANAMURTHY,
AGED ABOUT 31 YEARS,
8. RAVI,
S/O LATE K. NARAYANAMURTHY,
AGED ABOUT 28 YEARS,
RESPONDENT NOS.4 TO 8 ARE,
RESIDING AT AMBEDKAR NAGARA,
C. K. PURA, CHITRADURGA.
9. SMT. JAYAMMA,
W/O C. K. MALLIKARJUNAIAH,
AGED ABOUT 46 YEARS,
10. SRI. THIPPESWAMY,
S/O LATE C. K. MALLIKARJUNAIAH,
AGED ABOUT 34 YEARS,
11. YASHODARA,
D/O LATE C. K. MALLIKARJUNAIAH,
AGED ABOUT 31 YEARS,
12. SRI. JAYARAM,
S/O LATE C. K. MALLIKARJUNAIAH,
AGED ABOUT 28 YEARS,
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RFA No. 1045 of 2015
13. NAGAVENI,
D/O LATE C. K. MALLIKARJUNAIAH,
AGED ABOUT 25 YEARS,
RESPONDENT Nos.9 TO 13 ARE
RESIDING AT AMBEDKAR NAGARA,
CHITRADURGA - 577 501.
C. H. RANGASWAMY,
S/O R. HANUMAIAH,
DECEASED BY HIS LR'S
14. YALLAMMA,
W/O LATE RANGASWAMY,
AGED ABOUT 56 YEARS,
15. SHAAHIDHARA,
S/O LATE RANGASWAMY,
AGED ABOUT 40 YEARS,
16. RENUKA,
D/O LATE RANGASWAMY,
AGED ABOUT 34 YEARS,
17. LAKSHMIDEVI,
D/O LATE RANGASWAMY,
AGED ABOUT 32 YEARS,
ALL ARE RESIDING AT
4TH CROSS, AMBEDKAR NAGARA,
NEAR DURGAMBA TEMPLE, KELAGOTE,
CHITRADURGA.
18. SRI. C. H. NARAYANASWAMY,
S/O R. HANUMAIAH,
AGED ABOUT 48 YEARS,
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RFA No. 1045 of 2015
RESIDING AT C. K. PURA,
CHITRADURGA - 577 501.
19. SRI. C. H. KRISHNASWAMY,
@ KRISHNAMURTHY,
S/O H. HANUMAIAH,
AGED ABOUT 52 YEARS,
RESIDING AT NAGPURA MODEL HOTEL
BESIDE STADIUM, CHITRADURGA - 577 501.
20. C. H. MANJUNATH,
S/O H. HANUMAIAH,
AGED ABOUT 46 YEARS,
RESIDING AT AMBEDKAR NAGARA,
C.K.PURA, CHITRADURGA - 577 501.
SMT. ANNAPURNAMMA,
W/O GURAPPA,
DEAD BY LR'S,
21. G. NAGARAJ,
S/O LATE GURAPPA,
AGED ABOUT 38 YEARS,
22. G. LATHA,
D/O LATE GURAPPA,
AGED ABOUT 36 YEARS,
23. G. HARISH,
D/O LATE GURAPPA,
AGED ABOUT 34 YEARS,
ALL ARE RESIDING AT,
INGALADAL VILLAGE,
CHITRADURGA TALUK & DIST.
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RFA No. 1045 of 2015
24. SRI. NAGABHUSHANA,
S/O DEVADASAPPA,
AGED ABOUT 46 YEARS,
R/AT NEAR CHAMUNDESHWARI,
TEMPLE, KSRTC DEPOT ROAD,
CHITRADURGA - 577 501.
25. SRI. CHANDRAPPA,
S/O DHARMA DASAPPA,
AGED ABOUT 61 YEARS,
RESIDING AT BUDHA NAGARA,
3RD CROSS, STADIUM ROAD,
CHITRADURGA - 577 501.
26. SRI. K. MAHADEVA,
S/O LATE DODDAKENCHAPPA,
AGED ABOUT 66 YEARS,
RESIDING AT DOOR NO. 365/105,
INDUSTRIAL AREA, LOKIKERE ROAD,
SRI.MBBB NAGARA, DAVANAGERE - 577 502.
...RESPONDENTS
(BY SRI. G. BALAKRISHNA SHASTRY ADVOCATE FOR R1,
SRI. KAREEMULLAH SHARIFF, ADVOCATE FOR R2, R4 TO
R7, R9 TO R17, R20 TO R26;
R8, R21, R23, R24, R25 - SERVED AND UNREPRESENTED;
VIDE ORDER DATED 14.02.2019, NOTICE TO R18 R19
AND R22 ARE DISPENSED WITH;
VIDE ORDER DATED 25.10.2023, APPEAL AGAINST R3 IS
DISMISSED AS ABATED)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CODE OF CIVIL PROCEDURE AGAINST THE
JUDGMENT AND DECREE DATED 27.04.2015 PASSED IN OS
NO.28/2009 ON THE FILE OF THE II ADDL. SENIOR CIVIL
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RFA No. 1045 of 2015
JUDGE, JMFC, CHITRADURGA, DECREEING THE SUIT FOR
DECLARATION AND PERPETUAL INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
ORDER
In pursuance of the order dated 24.11.2023, Court
notice was issued to appellant Nos.1 to 4. The notice
issued has been held 'sufficient' insofar as appellant Nos.1,
2 and 4 and in respect of appellant No.3, notice is
returned with an endorsement 'appellant No.3 is no more'.
2. Appellant Nos.1, 2 and 4 are called out, absent.
They have not chosen to engage any counsel. Earlier
appellants were represented by Sri.B.M.Sidappa, learned
counsel. On his retirement from the case, this Court
issued Court notice to the appellants by way of abundant
caution.
3. Notice to appellant Nos.1 to 4 has been served
and remained absent and not chosen to engage any
counsel.
NC: 2023:KHC:46085
4. Left with no other alternative appeal stands
dismissed for non prosecution.
Sd/-
JUDGE
KAV
