Karnataka High Court
Smt. Jayamani vs Chikkadasa on 20 February, 2023
Bench: H.P.Sandeshpresided Byhpsj
-1-
RSA No. 491 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.491 OF 2020 (PAR)
BETWEEN:
1. SMT. JAYAMANI,
D/O LATE KENCHAIAH,
AGED ABOUT 58 YEARS,
R/AT NO.1777, 6TH CROSS,
CHRISTIAN COLONY,
MANDAYA-574101.
2. SMT. MARIYAMMA,
D/O LATE KENCHAIAH,
AGED ABOUT 56 YEARS,
R/AT NO.1777, 6TH CROSS,
CHRISTIAN COLONY,
MANDAYA-574101.
Digitally signed
3. SMT. LALITHAMMA,
by SHARANYA T D/O LATE KENCHAIAH,
Location: HIGH AGED ABOUT 52 YEARS,
COURT OF
KARNATAKA R/AT NO.1777, 6TH CROSS,
CHRISTIAN COLONY,
MANDAYA-574101.
4. SMT. DEVAMMA,
W/O LATE KENCHAIAH,
AGED ABOUT 87 YEARS,
R/AT HKV ROAD,
VEERANNA GOWDA COLLEGE,
CHANNEGOWDANA DODDI,
MADDUR TALUK, MANDAYA-574101.
5. SRI PRAKASH C,
C/O VASNATHAMMA,
W/O LATE PRAKASH,
-2-
RSA No. 491 of 2020
AGED ABOUT 42 YEARS,
R/AT HKV ROAD,
VEERANNA GOWDA COLLEGE,
CHANNEGOWDANA DODDI,
MADDUR TALUK, MANDAYA-574101.
...APPELLANTS
(BY SRI GOWRISHANKAR C, ADVOCATE)
AND:
1. CHIKKADASA,
S/O LATE DASAIAH,
AGED ABOUT 82 YEARS,
R/AT CHIKKAMARALLI VILLAGE,
KANNAGANAMARADI HOBLI,
PANADAVAPURA TALUK,
MANDAYA-574101.
SINCE DEAD REPRESENTED BY HIS LRS
1(a). SMT. JAYAMMA
AGED ABOUT 75 YEARS,
R/AT NEAR CHIKKAMARALLI VILLAGE,
KANNAGANAMARADI HOBLI,
PADAVAPURA TALUK,
MANDAYA-574101.
1(b). DEVARAJU,
AGED ABOUT 55 YEARS,
R/AT NEAR CHIKKAMARALLI VILLAGE,
KANNAGANAMARADI HOBLI,
PADAVAPURA TALUK,
MANDAYA-574101.
1(c). SAVITHRI,
AGED ABOUT 52 YEARS,
R/AT NEAR CHIKKAMARALLI VILLAGE,
KANNAGANAMARADI HOBLI,
PADAVAPURA TALUK,
MANDAYA-574101.
1(d). NAGENDRA,
AGED ABOUT 51 YEARS,
R/AT NEAR CHIKKAMARALLI VILLAGE,
-3-
RSA No. 491 of 2020
KANNAGANAMARADI HOBLI,
PADAVAPURA TALUK,
MANDAYA-574101.
1(e). CHANDRU,
AGED ABOUT 49 YEARS,
R/AT NEAR CHIKKAMARALLI VILLAGE,
KANNAGANAMARADI HOBLI,
PADAVAPURA TALUK,
MANDAYA-574101.
1(f). KUMARA,
SINCE DEAD BY LRS
1(f)(a). SMT. MANGALAGOWRI.
AGED ABOUT 40 YEARS,
R/AT NEAR CHIKKAMARALLI VILLAGE,
KANNAGANAMARADI HOBLI,
PADAVAPURA TALUK,
MANDAYA-574101.
1(f)(b). KUM. BAGYALAKSHMI,
AGED ABOUT 15 YEARS,
R/AT NEAR CHIKKAMARALLI VILLAGE,
KANNAGANAMARADI HOBLI,
PADAVAPURA TALUK,
MANDAYA-574101.
1(f)(c). KUM VIJAYALAKSHMI,
AGED ABOUT 13 YEARS,
R/AT NEAR CHIKKAMARALLI VILLAGE,
KANNAGANAMARADI HOBLI,
PADAVAPURA TALUK, MANDAYA-574101.
REPRESENTED BY NATURAL GUARDIAN
APPELLANT 1(f)(a).
2. SMT. HONNAMMA,
WIFE OF LATE CHIKKANNA,
DEAD BY LRS.
2(a). SMT. MANGALAMMA,
AGED ABOUT 55 YEARS,
R/AT NEAR SOLLEPURA VILLAGE,
MADDUR TALUK, MANDAYA-574101.
-4-
RSA No. 491 of 2020
2(b). BHAVYA,
AGED ABOUT 32 YEARS,
R/AT NEAR SOLLEPURA VILLAGE,
MADDUR TALUK, MANDAYA-574101.
2(c). PRITHVI,
AGED ABOUT 30 YEARS,
R/AT NEAR SOLLEPURA VILLAGE,
MADDUR TALUK, MANDAYA-574101.
2(d). RAJAMMA
W/O MURALI,
PHYSICAL INSTRUCTOR,
R/AT NEAR SOLLEPURA VILLAGE,
MADDUR TALUK, MANDAYA-574101.
3. SMT. GOWRAMMA,
W/O LATE CHANNAIAH,
AGED ABOUT 77 YEARS,
R/AT NEAR SOLLEPURA VILLAGE,
MADDUR TALUK, MANDAYA-574101.
4. B.M. SATHYA,
S/O LATE MANCHAMMA,
MAJOR,
R/AT NEAR CSI,
CHRISTU JYOTHI CHURCH,
BESAGARAHALLI VILLAGE,
MADDUR TALUK, MANDAYA-574101.
...RESPONDENTS
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
1908, AGAINST THE JUDGMENT AND DECREE DATED
29.07.2019 PASSED IN RA.No.179/2009 ON THE FILE OF THE
PRINCIPAL DISTRICT AND SESSIONS JUDGE, MANDYA,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 26.10.2009 PASSED IN OS.No.45/2006
ON THE FILE OF THE CIVIL JUDGE (SR.DVN) MADDUR.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
-5-
RSA No. 491 of 2020
JUDGMENT
This Court vide order dated 03.02.2023, 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
