Sri Hikimgeri Panchappa S/O ... vs Smt Kallamma
2023 Latest Caselaw 177 Kant

                                              -1-
                                                     RFA No. 1770 of 2005




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 3RD DAY OF JANUARY, 2023

                                         BEFORE
                       THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                      REGULAR FIRST APPEAL NO. 1770 OF 2005 (DEC)
               BETWEEN:

               1.     SRI. HIKIMGERI PANCHAPPA,
                      S/O KOTRAPPA,
                      AGED 57 YEARS,
                      AGRICULTURIST,
                      R/O HOSAKOTE VILLAGE,
                      HARAPANAHALLI TALUK.

                                                             ...APPELLANT

               (BY SRI. NEELAKANTAPPA K PUJAR., ADVOCATE (ABSENT))

               AND:

               1.      SMT. KALLAMMA,
                       SINCE DECEASED BY HER LRS.,

               1(a) SRI.HANUMANTHAPPA,
Digitally           H/O LATE KALLAMMA,
signed by
PANKAJA S           AGED ABOUT 81 YEARS,
Location:
High Court     1(b) SRI.D.H.SHIVAKUMAR,
of Karnataka        S/O D.HANUMANTHAPPA,
                    AGED ABOUT 46 YEARS,

               1(c)    SMT.MANJULA,
                       W/O CHANDRAPPA,
                       AGED ABOUT 59 YEARS,
                               -2-
                                      RFA No. 1770 of 2005




1(d) SMT.ANASUYA,
     D/O HANUMANTHAPPA,
     AGED ABOUT 56 YEARS,

1(e) SMT.AKKAMMA,
     D/O HANUMANTHAPPA,
     AGED ABOUT 56 YEARS,

1(f)   SMT.MALLAMMA,
       D/O HANUMANTHAPPA,
       AGED ABOUT 55 YEARS,
       ALL ARE R/AT SOKKE VILLAGE,
       JAGALUR TALUK,
       DAVANAGERE DISTRICT.

2.     K. CHANDRAPPA,
       SINCE DECEASED BY HIS LRS.,

2(a) SMT.SULOCHANAMMA,
     W/O LATE CHANDRAPPA,
     AGED ABOUT 61 YEARS,

2(b) SMT.NAVEENA,
     W/O SATHEESHA,
     AGED ABOUT 36 YEARS,

2(c)   SMT.NALEENA,
       W/O SHIVANNA,
       AGED ABOUT 34 YEARS,

2(d) NAGARAJ,
     W/O LATE CHANDRAPPA,
     AGED ABOUT 29 YEARS,

2(e) SRI.KALLESH,
     S/O LATE CHANDRAPPA,
     AGED ABOUT 26 YEARS,
     ALL ARE R/O HOSAHOTTE VILLAGE,                 ,
                                  -3-
                                            RFA No. 1770 of 2005




      HARAPANAHALLI TALUK,
      BALLARY DISTRICT.

                                                 ...RESPONDENTS

(BY SRI. D.P.MAHESH, ADVOCATE FOR R1(a) TO R1(e);
    R2(a) TO R2(e) - SERVED)

     THIS RFA IS FILED U/S 96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 4.10.2005 PASSED IN
O.S.NO.133/2003 ON THE FILE OF THE CIVIL JUDGE (SR.DN),
HARIHAR DECREEING THE SUIT FOR DECLARATION AND
CONSEQUENTIAL RELIEF OF INJUNCTION.

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

                           JUDGMENT

There is no representation on behalf of the appellant.

The appeal is of the year 2007. There are no grounds for

adjournment. Hence, the appeal is dismissed for

non-prosecution.

SD/-

JUDGE

GH