Karnataka High Court
Lingappa Naik vs Smt Sanku on 13 January, 2023
Bench: H.P.Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
R.S.A.NO.806/2017 (PAR)
BETWEEN:
1. LINGAPPA NAIK
S/O. LATE PAKEERA NAIK,
AGE ABOUT 70 YEARS,
R/O. KINNIMOOLE HOUSE,
VEERAKAMBA POST AND VILLAGE,
BANTWAL TALUK, D.K - 574 222.
2. SUNDARA NAIK
S/O. LATE PAKEERA NAIK,
AGE ABOUT 63 YEARS,
R/O. KINNIMOOLE HOUSE,
VEERAKAMBA POST AND VILLAGE,
BANTWAL TALUK, D.K - 574 222.
3. LOKAYYA NAIK
S/O. LATE PAKEERA NAIK,
AGE ABOUT 61 YEARS,
R/O. KINNIMOOLE HOUSE,
VEERAKAMBA POST AND VILLAGE,
BANTWAL TALUK, D.K - 574 222.
4. PADMAVATHI
D/O. LATE PAKEERA NAIK,
AGE ABOUT 68 YEARS,
R/O. KINNIMOOLE HOUSE,
VEERAKAMBA POST AND VILLAGE,
BANTWAL TALUK, D.K - 574 222.
2
KUMBA NAIK
S/O. LATE PAKEERA NAIK,
SINCE DECEASED BY HIS LRs
5. SMT. GEETHA
W/O. KUMBA NAIK,
AGED ABOUT 52 YEARS,
R/O. KINNIMULEMANE,
VEERAKAMBA POST AND VILLAGE,
BANTWAL TALUK, D.K - 574 222.
6. DEVAKI
D/O. LATE PAKEERA NAIK,
AGED ABOUT 44 YEARS,
R/O. KINNIMOOLE HOUSE,
VEERAKAMBA POST AND VILLAGE,
BANTWAL TALUK, D.K-574 222
7. LAKSHMI
D/O. LATE PAKEERA NAIK,
AGED ABOUT 40 YEARS,
R/O. KINNIMOOLE HOUSE,
VEERAKAMBA POST AND VILLAGE,
BANTWAL TALUK, D.K - 574 222. ... APPELLANTS
[BY SRI JEEVAN K., ADVOCATE]
AND:
1. SMT. SANKU
W/O. RAMA NAI,
MAJOR, KANDIGE HOUSE,
NEERKAJE POST, KAPU VILLAGE,
BANTWAL TALUK, D.K -574 243.
CHANDU NAIK
S/O. AITHA NAIK,
AGE ABOUT 76 YEARS,
R/O. KINNIMOOLE HOUSE,
VEERAKAMBA POST AND VILLAGE,
BANTWAL TALUK, D.K - 574 222.
3
SINCE DECEASED BY HIS LRS,
2. KAMALA
W/O. CHANDU NAIK,
AGE ABOUT 71 YEARS,
R/O. KINNIMOOLE HOUSE,
VEERAKAMBA POST AND VILLAGE,
BANTWAL TALUK, D.K - 574 222.
3. MRS. VASANTHI
W/O. VENKAPPA NAIK,
AGED ABOUT 56 YEARS,
R/O. KINNIMOOLE HOUSE,
MALARU KODI MANE, SALETHURU,
BANTWAL TALUK, D.K - 574 323.
4. MRS. NEELAMMA
W/O. KORAGAPPA NAIK,
AGE ABOUT 52 YEARS,
R/O. LAXMINARAYANA KRIPA,
MARALURU DINNE MARGA,
BANASHANKARI 2ND STAGE,
TUMAKURU CITY-572 103.
5. MRS. KALYANI
W/O. BALAKRISHNA NAIK,
AGE ABOUT 46 YEARS,
R/O. DHOOMADKA MANE,
IRDE VILLAGE,
PUTTUR TALUK-574 259.
6. MRS. INDIRA
W/O. SUNDARA NAIK,
AGE ABOUT 42 YEARS,
R/O. ANUGRAHA NILAYA,
NEAR MALARAYA DEVASTHANA,
BOLWAR, PUTTUR TALUK-574 201.
7. MR. MAHABALA NAIK
S/O. CHANDU NAIK,
4
AGE ABOUT 44 YEARS,
R/O. KINNIMULEMANE HOUSE,
VEERAKAMBHA POST AND VILLAGE,
BANTWAL TALUK, D.K-574 222.
SMT. GIRIJA
W/O. CHANIYA NAIK,
SINCE DECEASED BY HER LRs.
8. YAMUNA,
AGE ABOUT 60 YEARS,
D/O. GIRIJA
9. JINNAPPA
AGE ABOUT 58 YEARS,
S/O. GIRIJA,
10 . HONNAMMA
AGE ABOUT 56 YEARS,
D/O. GIRIJA,
11 . RAMACHANDRA
AGE ABOUT 54 YEARS,
S/O. GIRIJA,
12 . NARAYANA
AGE ABOUT 52 YEARS,
S/O. GIRIJA,
13 . SULOCAHANA
AGED ABOUT 50 YEARS,
D/O. GIRIJA,
14 . SUNDARA
AGED ABOUT 48 YEARS,
S/O. GIRIJA,
15 . VIMALA
AGED ABOUT 46 YEARS,
D/O. GIRIJA,
5
R8 TO R15 ARE R/O. SUNNANGALA HOUSE,
MOODAMBAIL POST, PUNEELA VILLAGE,
BANTWAL TALUK, D.K - 574 245.
KRISHNAPPA NAIK
S/O. DOOMA NAIK,
R/O. MALLIGETHOTA HOUSE,
VEERAKAMBA VILLAGE & POST,
BANTWAL TALUK, D.K -574 222.
SINCE DECEASED BY HIS LRs
16 . GULABI,
AGED ABOUT 40 YEARS,
D/O. KRISHNAPPA NAIK,
R/O. PANADKA HOUSE,
KEDILA POST,
BANTWAL TALUK,
D.K.-575 018.
17 . SHASHIKALA
AGED ABOUT 36 YEARS,
D/O.KRISHNAPPA NAIK,
R/O.PANADKA HOUSE,
KEDILA POST,
BANTWAL TALUK,
D.K.-575 018.
18 . BALAPPA
AGED ABOUT 32 YEARS,
D/O. KRISHNAPPA NAIK,
R/O. PANADKA HOUSE,
KEDILA POST,
BANTWAL TALUK,
D.K.-575 018.
19 . MOHANA
AGED ABOUT 30 YEARS,
D/O. KRISHNAPPA NAIK,
R/O. PANADKA HOUSE,
6
KEDILA POST,
BANTWAL TALUK,
D.K.-575 018.
20 . SMT. MUTHU
AGED ABOUT 66 YEARS,
R/O. KUMERU HOUSE,
VEERAKAMBHA POST & VILLAGE,
BANTWAL TALUK,
D.K.-574 222.
SMT.CHENNAMMA
W/O. VEERAPPA NAIK,
KARENKILA HOUSE,
KAVALAMUDNOOR VILLAGE,
BANTWAL TALUK, D.K.-575 018.
SINCE DECEASED BY HER LRs,
21 . DEVAKI,
AGED ABOUT 61 YEARS,
D/O. CHENNAMMA @ GIRIJA,
SHEENA
S/O. CHENNAMMA @ GIRIJA,
SINCE DECEASED BY LRs
22 . GULABHI,
AGED ABOUT 51 YEARS,
W/O. SHEENA,
23 . JAYALAKSHMI
AGED ABOUT 36 YEARS,
D/O. SHEENA,
24 . SHAMBHAVI
AGED ABOUT 32 YEARS,
D/O. SHEENA,
7
25 . SOWMYA
AGED ABOUT 28 YEARS,
D/O. SHEENA,
26 . SMITHA
AGED ABOUT 23 YEARS,
D/O. SHEENA,
27 . YAMUNA
AGED ABOUT 58 YEARS,
D/O. CHENNAMMA @ GIRIJA
28 . SAROJINI
AGED ABOUT 56 YEARS,
D/O. CHENNAMMA @ GIRIJA
29 . SANJEEVA
AGED ABOUT 45 YEARS,
S/O. CHENNAMMA @ GIRIJA
30 . REVATHI
AGED ABOUT 51 YEARS,
D/O. CHENNAMMA @ GIRIJA
31 . SMT. MOHINI
D/O. VEERAPPA NAIK,
AGED ABOUT 46 YEARS,
32 . JAYARAMA
S/O. VEERAPPA NAIK,
AGED ABOUT 40 YEARS,
RESPONDENT NOS.21 TO 32 ARE
RESIDING AT KARENKILA HOUSE,
POST KAVALKATTE,
KAVALAMUDOOR VILLAGE,
BANTWAL TALUK, D.K.-575 018.
SMT. DAJI
W/O. KUNHANNA NAIK,
8
SICNE DECEASED BY HER LRs
33 . GOWRI,
D/O. KUNHANNA NAIK,
AGED ABOUT 58 YEARS
34 . SRINIVAS
S/O. KUNHANNA NAIK,
AGED ABOUT 56 YEARS,
35 . MAHALAKSHMI
D/O. KUNHANNA NAIK,
AGED ABOUT 54 YEARS,
36 . SRIMATHI
D/O. KUNHANNA NAIK,
AGED ABOUT 48 YEARS,
37 . SMT. KAMALA
W/O. SEENA NAIK,
AGED ABOUT 65 YEARS,
NELIYATHODU HOUSE,
VIJAYADKA POST,
SALETHOOR VILLAGE,
BANTWAL TALUK
D.K-574 323.
38 . SMT. DEVAKI
W/O. CHOMA NAIK,
KUDMAN HOUSE,
PERA MOGRU HOUSE,
KEDLA VILLAGE,
BANTWAL TALUK-575 018.
39 . SMT. SEETHU
W/O. LATE PAKEERA NAIK,
AGED ABOUT 86 YEARS
R/O. KINNIMOOLE HOUSE,
VEERAKAMBHA VILLAGE & POST,
BANTWAL TALUK-574 222.
9
40 . ASHA
AGED ABOUT 36 YEARS
W/O. LATE GANAPATHI NAIK,
D/O. VENKAPPA NAIK,
R/O. ABHAYA,
SHIVAJINAGAR,
NEKKARAKADU, VITTAL
BANTAL TALUK-574 243.
41 . BHANU NAIK
AGED ABOUT 59 YEARS
S/O. AITHA NAIK,
MARIAHITHLU HOUSE,
VEERAKAMBHA POST & VILLAGE,
BANTWAL TALUK, D.K-574 222.
... RESPONDENTS
THIS R.S.A IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGEMENT AND DECREE DATED 06.01.2017
PASSED IN R.A.NO.70/2008 ON THE FILE OF THE III ADDL.
DISTRICT AND SESSION JUDGE, D.K, MANGALURU, PARTLY
ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT
AND DECREE DATED 04.06.2008 PASSED IN OS NO.103/2006
(OLD NO.134/1997) ON THE FILE OF THE CIVIL JUDGE (SR.DN)
AND JMFC, BANTWAL, D.K.
THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants is absent.
2. This Court, vide order dated 23.10.2021, at the
request of learned counsel appearing for the appellants, finally
granted a week's time to comply with the office objections,
failing which, list this matter for dismissal. Even though a
week's time was granted on 23.10.2021, the office objections
are not complied with.
Hence, the appeal is dismissed for non-compliance of office
objections.
Sd/-
JUDGE
ST
