S Narasimha Reddy S/O Late. ... vs Eshwaramma W/O Sadashivaiah ...
2023 Latest Caselaw 3100 Kant

                                                   -1-
                                                           RSA No. 6131 of 2010




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 9TH DAY OF JUNE, 2023

                                              BEFORE
                           THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                          REGULAR SECOND APPEAL NO. 6131 OF 2010 (RES-)
                    BETWEEN:

                    1.    SRI. S NARASIMHA REDDY
                          S/O LATE LINGAREDDY,
                          AGE: 67 YEARS,
                          OCC: AGRICULTURE,
                          R/O CHANAHAL-583116,
                          TQ & DIST: BELLARY.

                          SRI. S VENKATARAMA REDDY
                          S/O LATE. ANNAJIGOUDA,
                          SINCE DECEASED BY HIS LRS:

                    2.    SMT. JAYAMMA
                          W/O LATE S. VENKATARAMA REDDY,
                          AGE: 40 YEARS,
                          OCC: AGRICULTURE,
                          R/O: CHANAHAL-583116,
        Digitally
                          TQ & DIST: BELLARY.
SUJATA  signed by
SUBHASH SUJATA
PAMMAR SUBHASH
        PAMMAR      3.    SRI. S POMPAREDDY
                          S/O LATE S VENKATARAMA REDDY,
                          AGE: 27 YEARS,
                          OCC: AGRICULTURE,
                          R/O: CHANAHAL-583116,
                          TQ:DIST: BELLARY.


                                                                  ...APPELLANTS

                    (BY SRI. ABHISHEK C PATIL;
                    SRI. ANAND ASHTEKAR, ADVOCATE-ABSENT)
                              -2-
                                        RSA No. 6131 of 2010




AND:

1.   SMT. ESHWARAMMA
     W/O SADASHIVAIAH SWAMY,
     AGE: 67 YEARS, OCC: AGRICULTURE,
     R/O: DOOR NO. 125, WARD NO. 10,
     MILLAR PETH, BELLARY-583101.

1.A ANUSUYAMMA
    D/O SADASHIVAIAH SWAMY,
    AGE:45 YEARS, OCC: HOUSEHOLD,
    R/O: 125, WARD NO.10,
    MILLER PETH, BELLARI-583101.

1.B ARJUNJYOTI
    D/O SADASHIVAIAH SWAMY,
    AGE: 40 YEARS, OCC: HOUSEHOLD,
    R/O: 125, WARD NO. 10,
    MILLER PETH, BELLARI-583101.

1.C MARISWAMY
    S/O SADASHIVAIAH SWAMY,
    AGE: 35 YEARS, OCC: NIL,
    R/O: 125, WARD NO. 10,
    MILLER PETH, BELLARI-583101.

     AMENDMENT CARRIED OUT AS PER ORDER
     ON 1AI, II & III OF 2015 DT: 20/11/2015.

     SRI. P SEETHARAMA REDDY
     S/O PALLADAVEERANAGOUA
     SINCE DECEASED BY HIS LRS:

2.   SRI. P MAHANANDA REDDY
     S/O P SEETHARAMA REDDY,
     AGE: 46 YEARS,
     OCC: AGRICULTURE,
     R/O: CHANNAHAL-583116,
     TQ & DIST: BELLARY.

3.   SRI. P YERRIBASAVANA GOUDA
     S/O LATE P SEETHARAMA REDDY,
     AGE: 42 YEARS OCC: AGRICULTURE,
     R/O: CHANNAHAL-583116,
                            -3-
                                        RSA No. 6131 of 2010




     TQ & DIST: BELLARY.

4.   SMT. P MAHALAKSHMAMMA
     W/O M RUDRAGOUDA,
     D/O LATE P SEETHARAMA REDDY,
     AGE: 52 YEARS, OCC: AGRICULTURE,
     R/O C/O: P YERRIBASAVANA GOUDA,
     CHANNAHAL-583116,
     TQ& DIST: BELLARY.

5.   P YERRIBASAMMA
     D/O LATE P SEETHARAMA REDDY,
     AGE: 44 YEARS,
     OCC: HOUSEHOLD,
     R/O C/O: P YERRIBASAVANA GOUDA,
     CHANNAHAL-583116,
     TQ & DIST: BELLARY.

                                             ...RESPONDENTS

(BY SRI. Y LAKSHMIKANT REDDY FOR R2, R3 & R5;
R1(A) TO R1(C)- SERVED;
R4-SERVED)

     THIS RSA FILED U/SEC.100 OF CPC., R/W. O.42 RULE 1 OF
CPC., AGAINST THE JUDGEMENT & DECREE DTD:18-09-2010
PASSED IN R.A.NO.223/2004 ON THE FILE OF THE II-ADDL.
DISTRICT JUDGE, BELLARY, PARTLY ALLOWING THE APPEAL BY
MODIFYING THE JUDGMENT DTD:28-06-2004 AND THE DECREE
PASSED IN O.S.NO.142/1997 ON THE FILE OF THE ADDL. CIVIL
JUDGE(SR.DN) BELLARY, DISMISSING THE SUIT FILED FOR
CANCELLATION OF REGISTERED SALE DEED.


     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                              -4-
                                        RSA No. 6131 of 2010




                           ORDER

Though there is an attempt to seek adjournment, in the

second half there is no representation when the case is called

out. Even appellant no.1 is dead, no steps were also taken.

Looking to the conduct of the appellant, appeal stands

dismissed for non-prosecution.

Sd/-

JUDGE

VMB/ct: pa