Karnataka High Court
Oblamma W/O Late Bommalingappa vs Shivalingappa S/O Late Chikkanna ... on 21 July, 2023
Bench: Shivashankar Amarannavar
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NC: 2023:KHC:25442
RSA No. 1199 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
REGULAR SECOND APPEAL NO. 1199 OF 2009 (DEC/INJ)
BETWEEN:
1. OBLAMMA,
W/O LATE. BOMMALINGAPPA,
AGED ABOUT 64 YEARS,
R/AT SIDLIKONA VILLAGE,
BUKKAPATNA HOBLI,
SIRA TALUK - 572 113
TUMKUR DISTRICT - 572 113.
2. JAYAMMA,
D/O LATE. BOMMALINGAPPA,
W/O LATE. SHIVANNA,
MAJOR,
R/AT MARANAHALLI,
CHELUR HOBLI,
GUBBI TALUK,
Digitally signed by
TUMKUR DISTRICT - 572 101.
LAKSHMINARAYANA ...APPELLANTS
MURTHY RAJASHRI
Location: HIGH
COURT OF (APPELLANT NO.1 - OBLAMMA - DECEASED;
KARNATAKA
APPELLANT NO.2 - JAYAMMA SERVED;
APPEAL AGAINST A1 IS ABATED)
AND:
SHIVALINGAPPA,
S/O LATE. CHIKKANNA,
DEAD BY LRS.
1. SANJEEVAMMA,
W/O LATE. SHIVALINGAPPA,
MAJOR.
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NC: 2023:KHC:25442
RSA No. 1199 of 2009
2. LALITHAMMA,
D/O LATE. SHIVALINGAPPA,
MINOR.
3. MANGALAMMA,
D/O LATE. SHIVALINGAPPA,
MINOR.
4. LATHAMMA,
D/O LATE. SHIVALINGAPPA,
MINOR.
5. BHAGYAMMA [DEAD WITHOUT MARRIAGE]
6. NATARAJA,
S/O LATE. SHIVALINGAPPA,
MINOR,
RESPONDENTS NOS.2 TO 6 BEING MINORS,
REPRESENTED BY NEXT FRIEND
GUARDIAN MOTHER SANJEEVAMMA
[1ST RESPONDENT]
ALL ARE R/AT SIDLIKONA VILLAGE,
BUKKAPATNA HOBLI,
SIRA TALUK - 572 113
TUMKUR DISTRICT - 572 101.
HULILINGAPPA,
S/O LATE. ERALINGAPPA,
DEAD BY LRS.
7. SMT. RANGAMMA,
W/O LATE. HULILINGAPPA,
AGED ABOUT 70 YEARS
RESPONDENT NO.7 DIED LRS OF DECEASED
RESPONDENT NO.7 ARE ALREADY ON RECORD,
R8 TO R12 ARE THE LRS OF R7.
8. SMT. LOKAMMA,
W/O LATE. PAPALINGAIAH,
AGED ABOUT 25 YEARS.
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NC: 2023:KHC:25442
RSA No. 1199 of 2009
9. BASAVARAJU,
S/O LATE. PAPALINGAIAH,
AGED ABOUT 22 YEARS.
10. BHAGYAMMA,
D/O LATE. PAPALINGAIAH,
AGED ABOUT 20 YEARS,
R/AT MARANAHALLI,
CHELUR HOBLI,
GUBBI TALUK,
TUMKUR DISTRICT - 572 101.
11. BOMMANNA,
S/O LATE. PAPALINGAIAH,
AGED ABOUT 19 YEARS, LRS DECEASED.
12. LAKSHMAMMA,
D/O. HULINGAPPA S/O RAMMANNA,
MAJOR,
RESPONDENTS NOS.7 TO 9 AND
11 AND 12 R/AT SIDLIKONA VILLAGE,
BUKKAPATNA HOBLI,
SIRA TALUK - 572 113
TUMKUR DISTRICT - 572 101.
13. SMT. JAYAMMA,
D/O LATE. HULILINGAPPA,
AGED ABOUT 40 YEARS,
R/AT BODADHIMMANNAHALLI,
HAGALAVADI HOBLI,
GUBBI TALUK,
TUMKUR DISTRICT - 572 101.
14. ERAPPA [DEAD WITHOUT MARRIAGE]
15. DODDALINGAPPA,
S/O LATE. ERALINGAPPA,
MAJOR.
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NC: 2023:KHC:25442
RSA No. 1199 of 2009
16. HUCHEERANNA @ HUCHEERAIAH,
S/O LATE. ERALINGAPPA,
MAJOR.
17. SMT. DODDAMMA,
W/O LATE. ERALINGAPPA,
[DEAD, LRS NO.5 AND 6 [I.E,15 AND 16]
ARE ALREADY IN RECORD]
RESPONDENTS NO.S 15 AND 16 ARE
R/AT SIDLIKONA VILLAGE,
BUKKAPATNA HOBLI,
SIRA TALUK - 572 113
TUMKUR DISTRICT - 572 101.
...RESPONDENTS
(BY SRI. K. HANUMANTHARAYAPPA, ADVOCATE FOR C/R1 TO
R6;
SRI. M. R. SHASHIDHAR, ADVOCATE FOR R8 TO R13 AND
R16; R14 - DECEASED, R15 - SERVED;
VIDE ORDER DATED 15/02/2012,
R8 - R13 ARE TREATED AS LRS OF DECEASED - R7;
R17 - DECEASED, R5 - R6 ARE LRS OF DECEASED R17)
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST
THE JUDGEMENT & DECREE DATED 14.07.2009 PASSED IN
R.A.NO.58/2005 ON THE FILE OF THE CIVIL JUDGE, (SR. DN.)
SIRA, ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGEMENT AND DECREE DATED 22.04.1995 PASSED IN
OS.NO.175/1987 ON THE FILE OF THE MUNSIFF AND JMFC, SIRA.
AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The court notice issued to appellant No.2 has been
served personally. None appears for the appellant No.2.
NC: 2023:KHC:25442
RSA No. 1199 of 2009
Even appellant No.2 was not present on previous date i.e.,
on 12.07.2023.
2. The court notice issued to appellant No.1
returned with shara as " dead " and her date of death is
23.12.2015 and therefore appeal against appellant No.1 is
abated and it appears that, appellant No.2 is not
interested in prosecuting the appeal.
3. Hence, the appeal is dismissed for non-
prosecution.
Sd/-
JUDGE
RHS
CT: AVB
