Karnataka High Court
Haleshappa vs Smt Kamalamma on 8 February, 2023
Bench: H.P.Sandesh
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RSA No. 1049 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.1049 OF 2019 (PAR)
BETWEEN:
HALESHAPPA,
DECEASED BY HIS LRS.
1. SMT. HALAMMA,
W/O LATE HALESHAPPA,
AGED ABOUT 57 YEARS,
R/AT HARNAHALLI VILLAGE,
SHIMOGA TALUK,
SHIMOGA DISTRICT.
2. SMT. K.H. NANDINI,
W/O NATARAJ,
AGED ABOUT 29 YEARS
R/AT NYAMATHI VILLAGE
HONNALI TALUK,
Digitally signed DAVANAGERE DISTRICT.
by SHARANYA T
Location: HIGH 3. SMT. K.H. MADHU,
COURT OF
KARNATAKA W/O SHANMUKHAPPA,
AGED ABOUT 27 YEARS,
R/AT KODATHAL VILLAGE,
HONNALI TALUK,
DAVANAGERE DISTRICT.
4. KUM. ASHWINI,
D/O LATE HALESHAPPA K,
AGED ABOUT 25 YEARS,
R/O HARNAHALLI VILLAGE,
SHIMOGA TLAUK,
SHIMOGA DISTRICT.
5. ESHWAR PATEL,
S/O LATE K. HALESHAPPA,
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RSA No. 1049 of 2019
R/O HARNAHALLI VILLAGE,
SHIMOGA TLAUK,
SHIMOGA DISTRICT.
...APPELLANTS
(BY SRI B.G. VIJAYAKUMARA SWAMY, ADVOCATE)
AND:
1. SMT. KAMALAMMA,
W/O LATE PARAMESHWARAPPA,
AGED ABOUT 78 YEARS.
2. K. RUDRESHAPPA,
S/O LATE PARAMESHWARAPPA,
AGED ABOUT 55 YEARS.
3. YUVARAJA,
S/O LATE PARAMESHWARAPPA,
AGED ABOUT 50 YEARS.
ALL ARE R/AT HARNAHALLI VILLAGE,
SHIMOGA TALUK,
SHIMOGA DISTRICT.
4. P.K. NANJAPPA,
DEAD BY HIS LRS.
4(a) SMT. RATHNAMMA,
W/O LATE P.K. NANJAPPA,
AGED ABOUT 73 YEARS.
4(b) SMT. K.N. SUREKHA,
D/O LATE P.K. NANJAPPA,
AGED ABOUT 45 YEARS.
4(c) K.N. YOGESH,
S/O LATE P.K. NANJAPPA,
AGED ABOUT 43 YEARS.
4(d) K.N. SATISHA,
S/O LATE P.K. NANJAPPA,
AGED ABOUT 41 YEARS.
RESPONDENTS 4(a) TO (d)
ARE R/AT DEVABALU VILLAGE,
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RSA No. 1049 of 2019
SHIMOGA TALUK,
SHIMOGA DISTRICT.
5. PARVATHAMMA,
W/O LATE CHANNABASAPPA,
AGED ABOUT 80 YEARS.
6. NAGARAJA,
S/O LATE CHANNABASAPPA,
AGED ABOUT 47 YEARS.
7. BASAVARAJA,
S/O LATE CHANNABASAPPA,
AGED ABOUT 45 YEARS.
RESPONDENTS 5 TO 7 ARE
R/AT DEVABALU VILLAGE,
HARNAHALLI HOBLI,
SHIMOGA TALUK, SHIMOGA DISTRICT.
8. SMT. KAMALAMMA,
DECEASED BY HER LRS.
8(a) KURUVATTI CHANNABASAPPA,
S/O CHANNAVEERAPPA,
AGED ABOUT 67 YEARS.
8(b) C.G. SWAPNA,
D/O KAMALAMMA,
AGED ABOUT 27 YEARS.
8(c) RAJESH,
S/O KAMALAMMA,
AGED ABOUT 25 YEARS.
8(d) RAKESH,
S/O KAMALAMMA,
AGED ABOUT 23 YEARS.
RESPONDENTS 8(a) TO 8(d) ARE
R/AT KALIDAS NAGAR,
4TH MAIN, 4TH CROSS,
NEAR ABDUL KALAM SCHOOL,
HARIHARA TOWN,
DAVANAGERE DISTRICT.
...RESPONDENTS
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RSA No. 1049 of 2019
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 11.03.2016
PASSED IN RA NO.185/2014 ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 05.11.2014 PASSED IN OS.NO.84/2009 ON THE FILE OF
THE C/C II ADDITIONAL CITY CIVIL JUDGE AND JMFC,
SHIVAMOGGA.
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 not complied with till date. Hence, the appeal is
dismissed for non-compliance of office objections.
Sd/-
JUDGE
MD
