Karnataka High Court
Basamma vs The Chief Secretary Government Of ... on 4 January, 2023
Bench: N S Gowda
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RFA No. 2085 of 2006
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
REGULAR FIRST APPEAL NO. 2085 OF 2006 (DEC)
BETWEEN:
1. BASAMMA
W/O LATE RUDRAPPA
SINCE DECEASED BY L.RS
1a) SMT. PARVATAMMA
W/O THIRTHAPPA
SINCE DEAD BY LR'S
1.a.(i). MAHESHWARAPPA
S/O.PARVATHAMMA
AGED ABOUT 50 YEARS
R/O NANDIGUDI, HARIHAR TALUK
DIST: DAVANAGERE
Digitally
signed by
PANKAJA S 1b. MANJAMMA
Location: W/O HEMAPPA
High Court of SINCE DEAD BY LR'S
Karnataka
1b.(i). MANJAPPA
S/O.MANJAMMA
AGED ABOUT 40 YEARS
R/O.NANDIGUDI, HARIHAR TALUK
DIST: DAVANAGERE
1b.(ii) BASAVARAJAPPA
S/O.MANJAMMA
AGED ABOUT 35 YEARS
R/O.NANDIGUDI, HARIHAR TALUK
DIST: DAVANAGERE
BOTH ARE R/O NANDIGUDI
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RFA No. 2085 of 2006
HARIHAR TALUK
DIST: DAVANAGERE
1c. SMT. DAKSHAYANAMMA
W/O RUDRAPPA,
SINCE DEAD BY LR'S
1.c(i) VEERESH
S/O.DAKSHAYANAMMA
AGED ABOUT 35 YEARS
R/AT HULIGENAHALLI
HARIHAR TQ
DIST: DAVANAGERE
1.c(ii) PRAKASH
S/O.DAKSHAYANAMMA
AGED ABOUT 30 YEARS
R/AT HULIGENAHALLI
HARIHAR TQ, DIST: DAVANAGERE
2. SRI.ONKARAPPA
S/O LATE RUDRAPPA
SINCE DECEASED BY HIS LR'S
2a) NEHARAPPA,
S/O LATE ONKARAPPA
AGE:37 YEARS,
AGRICULTURIST
2b) MALLESHAPPA
S/O.LATE ONKARAPPA
AGE: 32 YEARS
AGRICULTURIST
2C) SMT.YASHODHAMMA
D/O LATE ONKARAPPA
W/O.CHITRAPPA
AGE: 30 YEARS
ALL ARE R/O KOTEMALLUR VILLAGE
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RFA No. 2085 of 2006
HANALI TALUK
DIST: DAVANAGERE
3. SRI NAGAPPA
S/O LATE RUDRAPPA
SINCE DEAD BY LR'S
3a) CHANDRASHEKHAR
S/O.NAGAPPA
AGED ABOUT 45 YEARS
R/AT BHADRAVATHI
SHIMOGGA-577 303
3b) RAJU
S/O.NAGAPPA
AGED ABOUT 41 YEARS
R/AT BHADRAVATHI
SHIMOGGA-577 303
4. ERAPPA
S/O LATE RUDRAPPA
SINCE DEAD BY LR'S
4a) BASAVARAJAPPA
S/O. LATE ERAPPA
AGED ABOUT 50 YEARS
R/O KOTEMALLUR VILLAGE
KASABA HOBLI, HONNALI TALUK
DIST:DAVANAGERE-577 217
4b) RUDRAPPA
S/O.LATE ERAPPA
AGED ABOUT 45 YEARS
R/AT KOTEMALLUR VILLAGE
KASABA HOBLI, HONNALLI TALUK
DAVANAGERE-577 217
9. MANJAPPA
S/O LATE RUDRAPPA
AGRICULTURISTS
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RFA No. 2085 of 2006
R/O KOTEMALLUR VILLAGE
BELIMALLUR POST, KASABA HOBLI,
HONNALI TALUK
DIST:DAVANAGERE-577 217
...APPELLANTS
(BY SRI. F.V.PATIL, ADVOCATE
SRI.NANDISH PATIL AND
SRI.PRAVEEN PATIL, ADVOCATES)
AND:
1. THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA,
BANGALORE-560 001
2. THE DEPUTY COMMISSIONER
DAVANAGERE DISTRICT
DAVANAGERE-577 001
3. THE TAHSILDAR
HONNALI TALUK, HONNALI
DIST:DAVANAGERE
PIN CODE-577 217
4. D.MAHESHWARAPPA
S/O HANUMANTHAPPA
AGE:MAJOR
OCC:AGRICULTURIST
R/O KOTEMALLUR VILLAGE
HONNALI TALUK, DAVANAGERE DISTRICT
PIN CODE- 577 217
...RESPONDENTS
(BY SRI. SHIVANANDA D.S., AGA FOR R1 TO R3
SRI S.V.PRAKASH, ADVOCATE FOR R4
V/O/D 17/12/2007 R5 & R6 ARE DELETED)
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RFA No. 2085 of 2006
THIS RFA FILED U/S 96 R/W ORDER 41 OF CPC AGAINST
THE JUDGEMENT AND DECREE DT. 28.07.2006 PASSED IN
O.S.NO.479/2002 (OLD NO.93/2002) ON THE FILE OF THE
CIVIL JUDGE (SR.DN.) HARIHAR, DISMISSING THE SUIT FOR
DECLARATION AND PERMANENT INJUNCTION AND ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. There is no representation on behalf of the appellant.
2. In view of the fact that the appeal is of the year 2006, I
find no ground to adjourn the matter. The appeal is, therefore,
dismissed for non-prosecution.
SD/-
JUDGE
PKS
CT:AN
