Sri.Gopalagowda vs C.M.Mallaiah
2023 Latest Caselaw 898 Kant

                            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.840/2018 (DEC)

BETWEEN:

SRI GOPALAGOWDA
SON OF LATE CHANNEGOWDA
AGED ABOUT 66 YEARS,
RESIDING AT ARALIMARADAKOPPALU
VILLAGE, BETTADAPURA HOBLI
PERIYAPATNA TALUK
MYSURU DISTRICT
PIN-571 102.                                 ... APPELLANT

           [BY SRI P.M.SIDDAMALLAPPA, ADVOCATE]

AND:

1.     C.M. MALLAIAH
       SON OF MADAIAH
       AGED ABOUT 64 YEARS,
       RESIDING AT DOOR NO.159,
       SHIKSHAKARA BADAVANE
       VIVEKANANDA BLOCK
       YARAGANAHALLI
       MYSURU-570 011.

2.     MAHENDRA
       SON OF LATE RAJEGOWDA
       AGED ABOUT 49 YEARS,
       RESIDING AT BASAVESHWARA COLONY
       BETTADAPURA VILLAGE
       BETTADAPURA HOBLI,
       PERIYAPATNA TALUK
                           2



     MYSURU DISTRICT
     PIN-571 102.

3.   GIRIYA
     SON OF LATE RAJEGOWDA
     AGED ABOUT 47 YEARS,
     RESIDING AT BASAVESHWARA COLONY
     BETTADAPURA VILLAGE
     BETTADAPURA HOBLI,
     PERIYAPATNA TALUK
     MYSURU DISTRICT
     PIN-571 102.

4.   SMT. NAGAMANI
     DAUGHTER OF LATE RAJEGOWDA
     WIFE OF SWAMYGOWDA
     AGED ABOUT 46 YEARS
     RESIDING AT MURDUR VILLAGE
     SALIGRAMA HOBLI
     K.R. NAGARA TALUK
     MYSURU DISTRICT
     PIN-571 604.

5.   SMT. VISHALAKSHI
     DAUGHTER OF LATE RAJEGOWDA
     AGED ABOUT 44 YEARS,
     RESIDING AT SALIGRAMA VILLAGE
     SALIGRAMA HOBLI,
     K.R.NAGARA TALUK
     MYSURU DISTRICT
     PIN-571 604.

6.   SMT. KAVERAMMA
     WIFE OF LATE RAJEGOWDA
     AGED ABOUT 69 YEARS,
     RESIDING AT BASAVESHWARA
     COLONY, BETTADAPURA VILLAGE
     BETTADAPURA HOBLI,
     PERIYAPATNA TALUK
     MYSURU DISTRICT-571 102.
                                  3



7.      SMT. H.R. PARVATHAMMA
        WIFE OF C.M. MALLAIAH
        AGED ABOUT 56 YEARS,
        RESIDING AT DOOR NO.159,
        SHIKSHAKARA BADAVANE
        VIVEKANANDA BLOCK
        YARAGANAHALLI
        MYSURU-570 011.                         ... RESPONDENTS

      THIS R.S.A IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGEMENT AND DECREE DATED 21.02.2018
PASSED IN R.A.NO.26/2016, ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC., PERIYAPATNA, DISMISSING THE APPEAL
AND CONFIRMING THE JUDGMENT AND DECREE DATED
13.04.2016 PASSED IN OS.NO.146/2008 ON THE FILE OF THE
CIVIL JUDGE AND JMFC., PERIYAPATNA.

    THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

This Court, vide order dated 23.10.2021, granted two

weeks' time to comply with the office objections, failing which,

list this matter for dismissal. Even though, two weeks' 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