Chinnappa vs Sri T M Thimmarayappa
2023 Latest Caselaw 961 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 16TH DAY OF JANUARY, 2023

                           BEFORE

            THE HON'BLE MR. JUSTICE H.P. SANDESH


                    R.S.A.NO.262/2017 (SP)


BETWEEN:

1 . CHINNAPPA
    S/O LATE MUNISWAMAPPA,
    SINCE DEAD BY HIS LRs,

(a) SRI MUNIYAPPA,
    S/O LATE CHINNAPPA,
    AGED ABOUT 46 YEARS,

(b) SRI NARAYANAPPA
    S/O LATE CHINNAPPA,
    AGED ABOUT 43 YEARS,

(c) SRI NAGARAJU
    S/O LATE CHINNAPPA,
    SINCE DEAD BY LRs

   c(a).    SMT. MANJAMMA
            W/O LATE NAGARAJU
            AGED ABOUT 45 YEARS

   c(b).    MR.MUNINDRA
            S/O LATE NAGARAJU
            AGED ABOUT 21 YEARS
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   BOTH ARE R/AT
   THORNAHALLI VILLAGE
   KASABA HOBLI
   MALUR TALUK

(d) SRI MUNIRAJU
    S/O LATE CHINNAPPA,
    AGED ABOUT 36 YEARS,

(e) SMT. PAPAMMA
    W/O MUNISWAMAPPA,
    AGED ABOUT 37 YEARS,
    R/O B.K.PALYA, JALA HOBLI,
    BENGALURU NORTH TALUK

(f) MS. INDRAMMA
    D/O LATE CHINNAPPA,
    AGED ABOUT 34 YEARS,

2 . SMT. MUNIYAMMA
    W/O PILLAIAH,
    AGED ABOUT 51 YEARS,
    R/O B.K.PALYA, JALA HOBLI,
    BENGALURU NORTH TALUK

3 . SRI PILLAPPA
    S/O UTHANALLAPPA,
    AGED ABOUT 61 YEARS,

   APPELLANTS 1(a) TO (d),
   (f) & 3 ARE RESIDENT OF
   THORANAHALLI VILLAGE,
   KASABA HOBLI,
   MALUR TALUK-560021
                                 ... APPELLANTS

[BY SRI MITHUN G.A., ADVOCATE]
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AND:

1 . SRI T.M. THIMMARAYAPPA
    S/O MUNIYAPPA

2 . SRI KRISHNAIAH SHETTY
    S/O LATE NARAYANASWAMY,

    BOTH ARE MAJORS AND RESIDENTS
    OF THORANAHALLI VILLAGE,
    KASABA HOBLI, MALUR TALUK
                                               ... RESPONDENTS

[BY SRI S.KALYAN BASAVARAJ, ADVOCATE R1;
R2 SERVED AND UNREPRESENTED]

     THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 09.12.2016
PASSED IN R.A NO.16/2012 ON THE FILE OF THE I ADDL.
DISTRICT AND SESSIONS JUDGE, KOLAR AND ETC.

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


                        JUDGMENT

This matter was listed on 28.06.2019 and the counsel for

the appellants has filed I.A.No.8/2019 for dispensation of filing

of paper book and the said I.A. was rejected however, this Court

granted four weeks to file the paper book and also made it clear

that failing which, the appeal shall stand dismissed. Inspite of

the said order, paper book was not filed within the stipulated

time. Though, this Court granted time of four weeks to file

paper book in the year 2019, till now the same was not filed and

now, we are in the year 2023. Hence, the order dated

28.06.2019 is confirmed for dismissal of the appeal.

Accordingly, the appeal is dismissed.

2. In view of dismissal of the main appeal, I.A.s if any,

do not survive for consideration and the same stand disposed of.

Sd/-

JUDGE

SN