Karnataka High Court
Rudramma vs S Ramashetty on 5 January, 2023
Bench: N S Gowda
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RFA No. 312 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
REGULAR FIRST APPEAL NO. 312 OF 2018 (PAR)
BETWEEN:
1. RUDRAMMA
AGED ABOUT 63 YEARS,
W/O LATE B. SIDDAPPA,
2. B.S.SANNAPPA SHETTY
AGED ABOUT 33 YEARS,
S/O LATE B.SIDDAPPA,
BOTH ARE RESIDENTS OF
BASAVANAHALLI VILLAGE,
CHIKKAMAGALURU.
3. GIRIJAMMA
AGED ABOUT 30 YEARS,
D/O LATE B. SIDDAPPA,
4. SUSHEELAMMA
Digitally AGED ABOUT 28 YEARS,
signed by D/O LATE B.SIDDAPPA,
PANKAJA S
Location: BOTH ARE RESIDENTS OF
High Court SHIVAMOGGA
of Karnataka
...APPELLANTS
(BY SRI. S.T.RAJASHEKARA , ADVOCATE)
AND:
1. S.RAMASHETTY
MAJOR,
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RFA No. 312 of 2018
S/O SIDDAPPA SHETTY,
2. ANNAPOORNA
MAJOR,
D/O S.RAMASHETTY,
BOTH ARE RESIDENTS OF OPPOSITE
GOPALKRISHNA TEMPLE,
BASAVANAHALLI,
CHIKKAMAGALURU.
3. MANJAMMA
MAJOR,
W/O AJJAPPA SHETTY,
4. JAGADEESH
MAJOR,
S/O AJJAPPASHETTY,
BOTH ARE RESIDENTS OF
BASAVANAHALLI,
ANCHELINGANNA BEEDI,
CHICKMAGALURU.
5. RAMAMANI
W/O LATE SHANKARASHETTY,
AGED ABOUT 54 YEARS,
RESIDENTS OF OPPOSITE TO
SHANKARA GARAGE,
CHIKKAMAGALURU.
6. PUTTAPPA
S/O HANUMAIAH,
RESIDENT OF NARAGANAHALLI,
CHIKKAMAGALURU.
7. HALAMMA
W/O KRISHNASHETTY,
RESIDENT OF KEMPANAHALLI,
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RFA No. 312 of 2018
CHIKKAMAGALURU.
8. RAMBAMANI
W/O SHANKARASHETTY,
9. SURESHA
S/O SHANKARASHETTY,
10. GAYATHRI
D/O SHANKARASHETTY,
RESPONDENTS NO.8 TO 10 ARE
RESIDENTS OF OPP. SHANKAR GARAGE,
CHIKKAMAGALURU.
11. MAHALAKSHMI
AGED ABOUT 52 YEARS,
W/O LATE B.S.RANGASHETTY
RESIDENT OF BASAVANAHALLI EXTN.,
NEAR G.K.TEMPLE STREET,
CHIKKAMAGALURU.
12. B.S.RANGASHETTY
AGED ABOUT 30 YEARS,
S/O LATE B.SIDDAPPA,
RESIDENT OF ANCHELINGANNA STREET
BASAVANAHALLI EXTN.,
CHIKKAMAGALURU - 577 101.
13. B.SURESH
AGED ABOUT 24 YEARS,
S/O LATE B.SIDDAPPA,
RESIDENT OF ANCHELINGANNA STREET
BASAVANAHALLI EXTN.,
CHIKKAMAGALURU - 577 101.
14. VISHALA
W/O CHANDRASHETTY,
AGED MAJOR,
RESIDENT OF HULIKERE VILLAGE,
CHIKKAMAGALURU
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RFA No. 312 of 2018
SAKHARAYAPATTANA, KADUR TQ
15. KUMARA
S/O CHANNAPASHETTY,
AGED MAJOR,
16. RANGA
S/O CHANNAPASHETTY,
AGED MAJOR,
17. SEENA
S/O CHANNAPASHETTY,
AGED MAJOR,
RESPONDENTS NO.15 TO 17 ARE
RESIDENTS OF HOUSING BOARD,
CHIKKAMAGALURU.
18. GAYITHRI
W/O LATE KESHAVASHETTY,
AGED ABOUT 57 YEARS,
RESIDENTS OF HOUSING BOARD COLONY,
CHIKKAMAGALURU.
19. KUMARA
S/O CHANNAPPASHETTY,
AGED MAJOR,
20. RUDRAMMA
W/O CHANNAPPASHETTY,
AGED MAJOR,
RESPONDENTS NO.19 AND 20 ARE
R/OF ANCHELINGAPURA STREET,
CHIKKAMAGALURU.
21. KHAIRUNNISA
D/O MEER MOHAMMED
R/O NOORANI MASJID ROAD,
1ST CROSS, VIJAYAPURA,
CHIKKAMAGALURU
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RFA No. 312 of 2018
22. JAYAMMA
W/O K.K.PONNAPPA,
MAJOR,
23. LALSAB
S/O IMAM SAB,
MAJOR,
24. S.V.MANJUNATH
S/O N.T. VISHWANATH,
MAJOR,
25. PUSHPAVATHI
W/O H.JANARDHANARAO,
MAJOR
26. S.S.SIDDAPPASHETTY
S/O SAGANAPPASHETTY,
MAJOR
27. H.S.RAMAPPA
S/O. SUDUGAPPA,
MAJOR
28. C.N.RAJAGOPAL
S/O. NARAYANASWAMY,
MAJOR
29. PANDUGANGASHETTY
S/O. RANGASHETTY,
MAJOR
30. H.T.KRISHNASHETTY
S/O. THIMMASHETTY,
MAJOR
31. H.K.RAMAPPA
S/O. KADAPPA,
MAJOR
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RFA No. 312 of 2018
32. ASHIMAKATOON
MAJOR
33. RAMANNASHETTY
MAJOR
34. KRISHNAPPASHETTY
MAJOR,
R/O. OPP. TO SHANESHWARA TEMPLE
ALLAMPURA
35. H.PUTTASHETTY,
MAJOR,
36. CHANDRAMMA
MAJOR,
37. THIMMASHETTY
MAJOR,
38. BASAMMA
MAJOR,
39. RAMAMANI
MAJOR,
W/O. SHANKARASHETTY,
R/O. NAR SHANKARA GARAGE,
CHIKKAMAGALURU
40. MANJAMMA
MAJOR,
41. M.V. PARVATHI
MAJOR,
42. RANGANATHA
S/O LATE.DEVAMMA
R/O OPP. SHANKARA GARAGE,
CHIKKAMAGALURU.
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RFA No. 312 of 2018
43. LAKSHMIDEVI
MAJOR
44. B.R. RAMASHETTY
S/O RANGASHETTY
R/O NARAYANAPURA
CHIKKAMAGALURU
45. S. RAMASHETTY
S/O SIDDAPPASHETTY
R/O NEAR GOPALAKRISHNA
SWAMY TEMPLE
BASAVANAHALLI,
CHIKKAMAGALURU
46. KRISHNAPPASHETTY
CONTACTOR
VIJAYAPURA,
CHIKKMAGALURU
47. C.B. SHIVARA
S/O RAJANNASHETTY
R/O HUNASEMARADA STREET,
CHIKKAMAGALURU
48. B.A. SRINIVASA
S/O RANGASHETTY
MAJOR
49. RUDRAPPA
MAJOR
S/O C.P. RANGAIAH
R/O S/KODI, BEHIND VIJAYAPURA MASJID
VIJAYAPURA, 1ST CROSS,
CHIKKAMGALURU
50. RAJASHETTY
S/O RANGASHETTY
BEHND URDU SCHOOL,
VIJAYAPURA EXTN.,
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RFA No. 312 of 2018
CHIKKAMGALURU.
51. VEERAPPA
S/O LATE MUDALAGIRI SHETTY
MUDIGER TALUK
52. H.S. RAMAPPA
S/O SUDUGADAPPA
NEAR NOORANI MASJID
CHIKKAMGALURU
53. A.T. RUDRAPPA
S/O THIMMASHETTY
R/O ALLAMPURA
CHIKKAMAGALURU TALUK
54. MUMTAZ BEGUM
W/O A.K. ABDUL MAJEED
KUMBAR STREET,
CHIKKAMGALURU
55. SYED NASEEM
D/O SYED ALI
NEHRUNAGAR,
CHIKKAMAGALURU
56. PREMA
D/O BASAPPASHETTY
BASAVANAHALLI
CHIKKAMGALURU
57. MEENAKSHAMMA
W/O LATE RANGAPPA
AGED ABOUT 60 YEARS
58. RAJA
S/O LATE RANGAPPA
AGED ABOUT 40 YEARS
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RFA No. 312 of 2018
59. MAYA
D/O LATE RANGAPPA
AGED ABOUT 45 YEARS
ALL ARE R/O ANCHELINGAPURA
STREET, BASAVANAHALLI,
CHIKKAMAGALURU
60. RANGANATH
S/O SHETTAPPA
61. LAXMAMMA
W/O SHETTAPPAGOWDA
RESPONDENTS NO.60 AND 61
ARE RESIDING AT OPP. TO
NOORANI MASJID
CHIKKAMAGALURU
62. SOMASHEKARASHETTY
S/O KRISHNAPPA
D.C.C. BANK,
CHIKKAMAGALURU
63. ABDUL MAJEED
S/O ABDUL KHADER
KUMBAR STREET
CHIKKAMAGALURU
64. SHANKARASHETTY
S/O SHANKARASHETTY
VIJAYAPURA, CHIKKAMAGALURU
65. ONKARASHETTY
S/O SIDDAPPASHETTY
R/O VIJAYAPURA
CHIKKAMAGALURU
66. MANJULA
W/O SIDDEGOWDA
R/O HANASEMARADABEEDI
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RFA No. 312 of 2018
CHIKKAMAGALURU
67. M.P.ANTHONI CROSS
S/O MANIKYAM
R/O SIRAVASE
CHIKKAMAGALURU
68. ASHABI
W/O N.CHOTU
CHIKKAMAGALURU
69. PUSHPAVATHI
W/O H.JANARDHANARAO
R/O VIJAYAPURA
CHIKKMAGALURU
70. CNADRAMMA
W/O DEVENDRAN
R/O VIJAYAPURA
CHIKKAMAGALURU
71. B.A.CHANDRASHEKAR
S/O B.A.ANANTHACHAR
R/O NEHRUNAGAR
CHIKKAMAGALURU
72. BORRAPPA
S/O BHADRAPPA
R/O GOWRIKALUVE
CHIKKAMAGALURU
73. H.V.PARVATHI
W/O MYLARI
R/O NARAYANAPURA
BASAVANAHALLI
CHIKKAMAGALURU
74. H.PUTTASHETTY
S/O HANUMASHETTY
R/O OPP. SHANKARA GARAGE
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RFA No. 312 of 2018
MALLANDUR ROAD
CHIKKAMAGALURU
75. RAJANNA
S/O SHANNAPPA
R/O ANCHELINGANNA BEEDHI
CHIKKAMAGALURU
RESPONDENTS NO.2 TO 31, 33 TO 37
39 AND 40, 42, 47 AND 48
ARE RESIDENTS OF NOORANI
MASJID ROAD, 1ST CROSS
VIJAPURA EXTN.
CHIKKAMAGALURU CITY
...RESPONDENTS
THIS RFA FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
05.08.2018 PASSED IN O.S.NO.66/2010 ON THE FILE OF THE
1ST ADDITIONAL SENIOR CIVIL JUDGE, CHIKKAMAGALURU,
DISMISSING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Office objections have not been complied with though
time was granted on several occasions.
2. It is noticed that on 22.08.2022, two weeks' time was
granted to rectify the office objections and it was made clear
that if office objections were not complied, the appeal would be
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RFA No. 312 of 2018
posted for dismissal. Despite the same, office objections have
not been complied with.
3. Left with no other option, the appeal is dismissed for non-
prosecution.
SD/-
JUDGE
PKS
