Smt Malamma vs Ambli Bharamappa
2023 Latest Caselaw 1220 Kant

                                                     -1-
                                                           RSA No. 1078 of 2019




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 8TH DAY OF FEBRUARY, 2023

                                               BEFORE

                                 THE HON'BLE MR. JUSTICE H.P.SANDESH

                           REGULAR SECOND APPEAL NO.1078 OF 2019 (DEC/INJ)

                      BETWEEN:

                      1.    SMT. MALAMMA,
                            W/O LATE GONI BASAPPA,
                            AGED ABOUT 76 YEARS,
                            AGRICULTURIST.

                      2.    HANUMANTHAPPA,
                            S/O LATE GONI BASAPPA,
                            AGED ABOUT 53 YEARS,
                            AGRICULTURIST.

                            BOTH ARE R/O BAGALI VILLAGE,
                            HARAPANAHALLI TALUK.

                      3.    RAMAPPA,
                            S/O DODDA BANYAPPA,
                            AGED ABOUT 82 YEARS,
Digitally signed by         AGRICULTURIST,
SHARANYA T                  R/O CHIRASTHAHALLI VILLAGE,
Location: HIGH
COURT OF                    HARAPANAHALLI TALUK.
KARNATAKA
                      4.    SMT. YAMUNAVVA,
                            W/O DURUGAPPA,
                            S/O DODDA BANYAPPA,
                            AGED ABOUT 84 YEARS,
                            AGRICULTURIST,
                            R/O BAGALI VILLAGE,
                            HARAPANAHALLI TALUK.

                      5.    NAGENDRAPPA,
                            S/O LATE DODDA BANYAPPA,
                            AGED ABOUT 72 YEARS,
                            AGRICULTURIST,
                            R/O BANNIKODU VILLAGE,
                            HARIHARA TALUK.
                               -2-
                                        RSA No. 1078 of 2019




6.     NEELAKANTHAPPA,
       S/O LATE SANNA BANYAPPA,
       AGED ABOUT 76 YEARS,
       AGRICULTURIST,
       R/O BANNIKODU VILLAGE,
       HARIHARA TALUK.

7.     KENCHAPPA,
       S/O LATE SANNA BANYAPPA,
       AGED ABOUT 72 YEARS,
       AGRICULTURIST,
       R/O AVARAGOLLA VILLAGE,
       DAVANAGERE TALUK AND DISTRICT.

8.     BASAVARAJAPPA,
       S/O LATE SANNA BANYAPPA,
       AGED ABOUT 70 YEARS,
       AGRICULTURIST,
       R/O SABATI VILLAGE,
       H.B.HALLI TALUK.

9.     HALAPPA,
       S/O LATE KENCHAPPA,
       AGED ABOUT 70 YEARS,
       AGRICULTURIST,
       R/O BAGALI VILLAGE,
       HARAPANAHALLI TALUK.
                                              ...APPELLANTS

           (BY SRI CHAKRAVARTHY T.S., ADVOCATE)
AND:

1.   AMBLI BHARAMAPPA,
     S/O AMBLI KOTRAPPA,
     AGED ABOUT 76 YEARS,
     BUSINESSMAN,
     R/O AMBLERA ONI,
     KOTTUR ROAD,
     HARAPANAHALLI.

2.   AMBLI SHAMBULINGAPPA,
     S/O LATE AMBLI SHAKRAPPA,
     AGED ABOUT 71 YEARS,
     BUSINESSMAN,
     R/O AMBLERA ONI,
     KOTTUR ROAD, HARAPANAHALLI.
                               -3-
                                         RSA No. 1078 of 2019




3   KALLAPPA,
    S/O LATE SANNA BANYAPPA,
    AGED ABOUT 74 YEARS,
    AGRICULTURIST,
    R/O BAGALI VILLAGE,
    HARAPANAHALLI TALUK.
                                              ...RESPONDENTS

     THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2019
PASSED IN RA NO.01/2017 ON THE FILE OF THE I ADDITIONAL
DISTRICT AND SESSIONS JUDGE, DAVANAGERE DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 26.10.2016 PASSED IN OS NO.25/2012 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JMFC, AT HARAPANAHALLI.

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

                         JUDGMENT

The learned counsel for the appellants is absent. This

appeal was filed in the year 2019 and this Court vide order

dated 23.01.2023, granted two weeks time to comply with the

office objections on payment of cost of Rs.1,000/- payable at

the Registry, failing which to list the matter for dismissal.

Inspite of the same, cost is not paid and the office objections

are also not complied with till date. Hence, the appeal is

dismissed for non-compliance of office objections.

Sd/-

JUDGE

MD