Citation : 2023 Latest Caselaw 1156 Kant
Judgement Date : 2 February, 2023
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RSA No. 852 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 852 OF 2019 (INJ)
BETWEEN:
NANJAIAH
SON OF LATE SIDDAIAH
AGED ABOUT 72 YEARS
RESIDING IYYANAVARAHUNDI VILLAGE
B.G.PURA HOBLI, MALAVALLI TALUK
MANDYA - 571 430
REP. BY HIS POWER OF ATTORNEY HOLDER
N RAMANNA
SON OF NANJAIAH
AGED ABOUT 38 YEARS
...APPELLANT
(BY SRI VIVEK B R, ADVOCATE)
AND:
Digitally signed
by SHARANYA T
Location: HIGH SMT. SIDDAMMA
COURT OF
KARNATAKA SINCE DEAD BY HER LRS
BELUPAMMA
SINCE DEAD BY HER LRS
1. MADAIAH
HUSBAND OF LATE BELUPAMMA
AGED ABOUT 70 YEARS
2. MADEVA
SON OF MADAIAH
AGED ABOUT 48 YEARS
BOTH ARE R/O IYYANAVARAHUNDI VILLAGE
B.G.PURA HOBLI, MALAVALLI TALUK
MANDYA DISTRICT-571430
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RSA No. 852 of 2019
3. GOWRAMMA
WIFE OF SIDDARAJU
AGED ABOUT 42 YEARS
RESIDENTS OF SOMANAHALLI VILLAGE B.G.PURA
HOBLI, MALAVALLI TALUK
MANDYA DISTRICT-571430
4. JAYAMMA
WIFE OF RAMASHETTY
AGED ABOUT 66 YEARS
R/AT NO. 14, 5TH CROSS, 'A' BLOCK N.R.MOHALLA,
GANESHA NAGARA
MYSURU-570007
5. MAHADEVAMMA
WIFE OF LATE ERULLI NINGAPPA
AGED ABOUT 64 YEARS
RESIDING AT GANGAPPA GARDEN BHUVANESHWARI
NAGARA, 1ST MAIN HOSAHALLI WARD NO.124,
AGRAHARA
NO.124, SRI BALASURBAMANIYA SWAMY NILAYA,
C/O KATHRAPPA
SMT. JAYAMMA 1ST FLOOR
BENGALURU - 560 023
6. KRISHNAMMA
WIFE OF LATE SIDDASETTY
AGED ABOUT 58 YEARS
RESIDING AT NO.1172
3RD C MAIN ROAD, 'A' BLOCK
DATTAGAHALLI, KANAKADASA NAGARA MYSURU-
570023
7. MAHESHA
SON OF LATE MAHADEVA
AGED ABOUT 38 YEARS
RESIDING AT RING ROAD, RAJAJINAGARA
ASHRAYA YOJANA, NO.512
MYSURU-570026
8. PUTTAMAMDA
SON OF LATE PUTTAMADAIAH
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RSA No. 852 of 2019
AGED ABOUT 54 YEARS
RESIDING AT IYYANAVARAHUNDI VILLAGE,
B.G.PURA HOBLI, MALAVALLI TALUK,
MANDYA DISTRICT-571430
9. RATHNAMMA
WIFE OF LATE MAHADEVA
AGED ABOUT 54 YEARS
10. NAVEENA
WIFE OF LATE SIDDARAJU
DAUGHTER OF LATE MAHADEVA
AGED ABOUT 30 YEARS
11. SUMA
WIFE OF GUNDA
DAUGHTER OF LATE MAHADEVA
AGED ABOUT 26 YEARS
RESPONDENT No.9 TO 11 ARE
RESIDING AT NO.512, LAST DEAD END HOUSE NEAR
RING ROAD, RAJAJINAGARA
MYSURU-570026
NAGARAJU
SINCE DEAD BY LRS
12. MARISIDDAMMA
WIFE OF LATE NAGARAJU
AGED ABOUT 67 YEARS
13. CHANDRAHASA
SON OF LATE NAGARAJU
AGED ABOUT 42 YEARS
14. YASHODAMMA
WIFE OF LATE MAHADEVA
AGED ABOUT 40 YEARS
15. PARIMALA
DAUGHTER OF LATE MAHADEVA
AGED ABOUT 21 YEARS
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RSA No. 852 of 2019
16. MANU
SON OF LATE MAHADEVA
AGED ABOUT 18 YEARS
17. SAGARA
SON OF LATE MAHADEVA
AGED ABOUT 16 YEARS
MINOR, REP. BY HIS NATURAL GUARDIAN HIS
MOTHER
18. SUDHA
DAUGHTER OF LATE MAHADEVA
AGED ABOUT 12 YEARS
MINOR, REP. BY HER NATURAL GUARDIAN HER
MOTHER
RESPONDENT Nos. 12 TO 18 ARE
RESIDENTS OF IYYANAVARAHUNDI VILLAGE
B.G.PURA HOBLI
MALAVALLI TALUK
MANDYA DISTRICT-571430
AND ARE LRS OF DECEASED DEFENDANT No.2
(LATE NAGARAJU)
19. JADESWAMY
SON OF LATE PUTTAMADAIAH
AGED ABOUT 52 YEARS
RESIDENTS OF IYYANAVARAHUNDI VILLAGE
B.G.PURA HOBLI
MALAVALLI TALUK
MANDYA DISTRICT
...RESPONDENTS
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 07.03.2019
PASSED IN R.A.NO.34/2014 ON THE FILE OF THE SENIOR CVIL
JUDGE, MALAVALLI AND ETC.
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RSA No. 852 of 2019
THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel appearing for the appellant.
The counsel for the appellant submits that office
objections are raised subsequent to the order passed by this
Court on 23.06.2022. The office objections raised only with
regard to I.A.No.3/2022 which was filed on 05.07.2022 and
earlier to that there were two office objections on I.A.Nos.1 and
2 of 2022 and this Court granted two weeks' time to comply
with the office objections and also made it clear that if office
objections are not complied with within the stipulated time, list
the matter for dismissal for non-prosecution. Inspite of time
was granted vide order dated 23.06.2022, till date, office
objections are not complied with. Hence, the appeal is
dismissed for non-compliance of office objections.
Sd/-
JUDGE
SN
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