Sharanabasappa Basappa Kumbar vs Kempanarayanappa
2023 Latest Caselaw 11078 Kant

Karnataka High Court

Sharanabasappa Basappa Kumbar vs Kempanarayanappa on 19 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                     NC: 2023:KHC:46313
                                                    RFA No. 781 of 2014




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 19TH DAY OF DECEMBER, 2023

                                     BEFORE
                     THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR FIRST APPEAL NO.781 OF 2014 (INJ)
              BETWEEN:

                   SHARANABASAPPA BASAPPA KUMBAR
                   S/O. BASAPPA
                   AGED 55 YEARS
                   RESIDENT OF T. DASARAHALLI
                   YESHWANTHAPURA HOBLI
                   BANGALORE NORTH TALUK
                   BANGALORE-560 022.
                                                           ...APPELLANT
              (BY SRI IAN LEWIS, ADVOCATE)

              AND:

              1.   KEMPANARAYANAPPA
                   S/O. LATE KEMPAIAH
Digitally          AGED 67 YEARS
signed by R        R/AT NELAKADARANAHALLI VILLAGE
MANJUNATHA
Location:          YESHWANTHAPURA HOBLI
HIGH COURT
OF                 BANGALORE NORTH TALUK
KARNATAKA          BANGALORE-560 022.

              2.   BASAVARAJU
                   S/O. CHANNAPPA
                   AGED 48 YEARS
                   R/O. KARIOBANAHALLI
                   NAGASANDRA POST
                   YESHWANTHAPURA HOBLI
                   BANGALORE NORTH TALUK
                   BANGALORE-560 002.
                             -2-
                                        NC: 2023:KHC:46313
                                       RFA No. 781 of 2014




3.   B.N. RAMEGOWDA
     S/O. NANJE GOWDA
     AGED 55 YEARS
     DOOR NO.105/2, MAIN ROAD
     MARIYAPPA BUILDING
     NELAKADIRENAHALLI
     NAGASANDRA POST
     YESHWANTHAPURA HOBLI
     BANGALORE NORTH TALUK
     BANGALORE-560 022.

                                           ...RESPONDENTS

(BY SRI P.M. SIDDAMALLAPPA, ADVOCATE FOR R.1;
APPEAL AGAINST R.2 IS DISMISSED VIDE COURT
ORDER DATED 19.12.2023;
NOTICE TO R.3 IS DISPENSED WITH.)

     THIS APPEAL IS FIELD UNDER SECTION 96 OF C.P.C.,
PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE XLIII
ADDITIONAL CITY CIVIL JUDGE, BENGALORE (CCH.44) WHICH
JUDGMENT PASSED ON 15.03.2014 IN O.S. NO.9950 OF 2005
BY THE XLIII ADDITIONAL CITY CIVIL JUDGE, BANGALORE
AND SET ASIDE THE JUDGMENT AND DECREE DATED
15.04.2014 PASSED IN O.S. NO.9950 OF 2005 BY THE XLIII
ADDITIONAL CITY CIVIL JUDGE, BANGALORE AND ETC.

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

                       JUDGMENT

Sufficient time was granted to take appropriate steps

in respect of respondent No.2. As the notice issued earlier

returned as unserved, the appeal against respondent No.2

is dismissed.

NC: 2023:KHC:46313

2. Respondent No.1 is reported to be dead and no

proper steps are taken in respect of respondent No.1.

Accordingly, the appeal stands dismissed as abated as

against respondent No.1. Consequently, the appeal also

stands dismissed.

Sd/-

JUDGE

VMB