Karnataka High Court
Smt. Rangamma vs Sri Suresh on 17 February, 2023
Bench: H.P.Sandesh
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RSA No. 438 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 438 OF 2020 (PAR)
BETWEEN:
1. SMT.RANGAMMA
W/O LATE KULLARASAIAH,
AGED ABOUT 74 YEARS,
2. SMT.SAROJAMMA
W/O KRISHNAPPA,
D/O LATE KULLARASAIAH,
AGED ABOUT 52 YEARS,
3. SMT. GANGAMMA
W/O RANGAIAH,
D/O LATE KULLARASAIAH,
AGED ABOUT 50 YEARS,
4. SMT.NARAYANAMMA
Digitally signed
by SHARANYA T W/O VENKATESH,
Location: HIGH D/O LATE KULLARASAIAH,
COURT OF
KARNATAKA AGED ABOUT 47 YEARS,
5. SRI PAPANNA
S/O LATE KULLARASAIAH,
AGED ABOUT 46 YEARS,
6. SRI NAGARAJU
S/O LATE KULLARASAIAH,
AGED ABOUT 44 YEARS,
7. SRI PRAKASH
S/O LATE KULLARASAIAH,
AGED ABOUT 42 YEARS,
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RSA No. 438 of 2020
8. SRI RAMESH
S/O LATE KULLARASAIAH,
AGED ABOUT 40 YEARS,
ALL ARE RESIDING AT
KULUVANAHALLI VILLAGE,
THYMAGONDLU HOBLI,
NELAMANGALA TALUK.
...APPELLANTS
(BY SRI. SRIHARI R. DESHPANDE., ADVOCATE)
AND:
1. SRI SURESH
S/O LATE GANGARASAIAH,
AGED 46 YEARS,
2. SMT.KAMALAMMA
W/O PILLAPPA,
D/O LATE GANGARASAIAH,
AGED 44 YEARS,
3. SMT.SHUBHA
W/O RANGASWAMY,
D/O LATE GANGARASAIAH,
AGED 40 YEARS,
ALL ARE RESIDING AT DOBHI GHAT
15TH CROSS, MALLESHWARAM
BANGALORE-03
4. SMT.LAKSHMI
W/O KRISHNAPPA,
D/O LATE KULLARASAIAH,
AGED 37 YEARS,
RESIDING AT KULUVANAHALLI VILLAGE
THYMAGONDLU HOBLI,
NELAMANGALA
BANGALORE RURAL DISTRICT
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RSA No. 438 of 2020
5. PUTTARASAIAH
S/O LATE CHIKKARASAIAH,
SINCE DEAD BY HIS LRS
5(a) SMT. AKKAIAHAMMA,
W/O LATE PUTTARASAIAH,
AGED 67 YEARS,
5(b) SMT. JAYAMMA
W/O VEERANNA,
D/O LATE PUTTARASAIAH,
AGED 47 YEARS,
5(c) SMT.RATHNAMMA
D/O LATE PUTTARASAIAH,
AGED 44 YEARS,
5(d) SRI RAMACHANDRA
S/O LATE PUTTARASAIAH,
AGED 40 YEARS,
5(a) TO 5(d) ARE RESIDING
AT NO.51, 1ST MAIN ROAD,
7TH CROSS, HOSPITAL ROAD,
RAJA MAHAL GUTTAHALLI,
BANGALORE-03.
6. NARAYANAPPA
SINCE DEAD BY HIS LRS
6(a) SMT. VEERAMMA,
W/O LATE NARAYANAPPA,
AGED 64 YEARS,
6(b) SMT.SUJATHA
D/O LATE NARAYANAPPA,
AGED 48 YEARS,
6(c) SMT.SUKANYA
D/O LATE NARAYANAPPA,
AGED 44 YEARS,
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RSA No. 438 of 2020
6(d) SMT.SOWBHAGHYA
D/O LATE NARAYANAPPA,
AGED 42 YEARS,
6(e) SRI SUNIL
S/O LATE NARAYANAPPA,
AGED 37 YEARS,
6(a) TO 6(e) ARE RESIDING
AT NO.449, 2ND CROSS,
2ND MAIN, V.R.PURAM,
RAJMAHAL GUTTAHALLI,
BANGALORE-03.
...RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED
BY THE COURT OF THE IX ADDITIONAL DISTRICT JUDGE,
BANGALORE RURAL, BANGALORE IN R.A.NO.60/2017 DATED
22.08.2019 CONFIRMING THE JUDGMENT AND DECREE DATED
12.01.2017 IN O.S.NO.810/2009 BY THE COURT OF THE
SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellants is present and
seeks time.
This appeal was filed in the year 2019. This Court vide
order dated 02.02.2023, granted two weeks time to comply
with the office objections on payment of cost of Rs.1,000/-
payable at Registry, failing which, list the matter for dismissal.
RSA No. 438 of 2020
Inspite of the same, till date the office objections are not
complied with.
Hence, in view of the peremptory order dated
02.02.2023, the appeal is dismissed for non-compliance of
office objections and non-payment of cost.
Sd/-
JUDGE
CP
