Karnataka High Court
Smt Siddamma vs Yallappa on 9 June, 2023
Bench: J.M.Khazi
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NC: 2023:KHC:19827
RSA No. 1782 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
REGULAR SECOND APPEAL NO.1782 OF 2008
BETWEEN:
SMT SIDDAMMA
W/O. LATE DODDA HALAPPA
AGED ABOUT 77 YEARS
R/O DODDAGHATTA VILLAGE
CHANNAGIRI TALUK
DAVANAGERE DISTRICT
PIN - 577 213
SINCE DEAD BY LRs:
A1(a) LOHITHAPPA
S/O LATE SIDDAMMA,
AGED ABOUT 42 YEARS,
A1(b) MANJAPPA
S/O LATE SIDDAMMA,
Digitally signed
AGED ABOUT 42 YEARS,
by REKHA R
Location: High BOTH ARE R/O DODDAGHATTA VILLAGE,
Court of CHANNAGIRI TALUK,
Karnataka
DAVANAGERE DISTRICT.
...APPELLANTS
(BY SRI. R GOPAL, ADVOCATE)
AND:
1. YALLAPPA
S/O LATE SIDDAPPA
AGED ABOUT 70 YEARS
R/O DODDAGHATTA VILLAGE
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NC: 2023:KHC:19827
RSA No. 1782 of 2008
CHANNAGIRI TALUK
DAVANAGERE DISTRICT,
PIN CODE - 577 213
2. GANGADHARAPPA
S/O LATE SIDDAPPA
AGED ABOUT 67 YEARS
SINCE DEAD BY LRs
2(a) MANJAPPA,
AGED ABOUT 45 YEARS,
S/O LATE GANGADHARAPPA.
2(b) SMT. HALAMMA,
W/O CHANDAPPA,
D/O LATE GANGADHARAPPA,
AGED ABOUT 43 YEARS
R/O CHIRADONI VILLAGE,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT,
PIN CODE: 577 544
2(c) UMAPATHI,
S/O LATE GANGADHARAPPA,
AGED ABOUT 41 YEARS
THE ABOVE LR's 2(a) & (c)
ARE R/O DODDAGHATTA,
CHANNAGIRI TALUK
DAVANAGERE DISTRICT,
PIN CODE - 577 544
3. S.MARIYAPPA
S/O LATE VEERAPPA,
AGED ABOUT 50 YEARS
SINCE DEAD BY LRs:
3(a) SMT. BASAMMA,
AGED ABOUT 54 YEARS,
W/O LATE MARIYAPPA,
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NC: 2023:KHC:19827
RSA No. 1782 of 2008
3(b) GIRIJAMMA,
AGED ABOUT 42 YEARS,
W/O SHANKARAPPA,
D/O LATE MARIYAPPA
3(c) VASANTHAMMA,
AGED ABOUT 41 YEARS,
W/O BASAVARAJAPPA
D/O LATE MARIYAPPA
3(d) UMADEVI,
AGED ABOUT 40 YEARS
W/O ERAPPA,
D/O LATE MARIYAPPA
THE ABOVE LRs 3(b), (c) and (d) ARE
R/O CHIRADONI VILLAGE,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT,
PIN: 577 544
3(e) PAKEERA SWAMY,
S/O LATE MARIYAPPA,
AGED ABOUT 39 YEARS
3(f) VIJAYA KUMAR,
S/O LATE MARIYAPPA,
AGED ABOUT 38 YEARS
THE ABOVE PROPOSED
LRs 3(a) & (e) AND (f)
ARE R/O DODDAGHATTA
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT,
PIN CODE: 577 544
4. MANJAPPA,
S/O LATE MALLAPPA,
AGED ABOUT 50 YEARS,
SINCE DEAD BY LR's
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NC: 2023:KHC:19827
RSA No. 1782 of 2008
4(a) SMT. SHIVAGANGAMMA,
AGED ABOUT 54 YEARS
S/O LATE MANJAPPA
4(b) SHIVA KUMAR,
AGED ABOUT 35 YEARS
S/O LATE MANJAPPA
4(c) MAHESHA,
AGED ABOUT 33 YEARS,
S/O LATE MANJAPPA,
THE ABOVE LR's 4(a) & (b) & (c)
ARE R/O DODDAGHATTA,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT - 577 544.
5. SANNAHALAPPA,
S/O LATE PAKKIRAPPA,
AGED ABOUT 70 YEARS
R/O DODDAGHATTA VILLAGE,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT
PIN CODE - 577 213
6. THE DEPUTY COMMISSIONER,
DAVANAGERE DISTRICT,
DAVANAGERE - 577 001
7. THE DEPUTY TAHASILDHAR,
NADA KACHERI,
THYAVANIGI VILLAGE
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT,
PIN CODE: 577 213
...RESPONDENTS
(BY SRI. S KARIGOWDA & RANGNATH, ADVOCATES FOR R1;
R2(a), R2(b), R2(c), R3(a), R3(b), R3(c), R3(d), R3(e),
R3(f), R4(a), R4(b), R4(c) & R5 ARE SERVED;
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NC: 2023:KHC:19827
RSA No. 1782 of 2008
SRI. ROHIT B.J., HCGP FOR R6 & R7)
THIS RSA IS FILED UNDER SECTION 100 OF CODE OF
CIVIL PROCEDURE PRAYING TO ALLOW THE APPEAL AND
SET ASIDE THE JUDGMENT & DECREE DATED 31.03.2008 IN
R.A.NO.118/2006 PASSED BY THE COURT OF I ADDL. CIVIL
JUDGE, (SR. DN.), DAVANAGERE AND ALSO THE JUDGMENT
AND DECREE DATED 10.03.2006 PASSED BY THE COURT OF
THE ADDL. CIVIL JUDGE (JR. DN.) AT CHANNAGIRI IN
O.S.NO.238/2000, IN THE ENDS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellant submits that he has been
instructed to state that appellant No.1(b) and respondent
No.5 are no more. However, legal representatives of
appellant No.1(b) have not come forward to file application
for bringing the LRs of appellant No.1(b) and respondent
No.5 on record.
Learned counsel for appellant further submits that
inspite of he contacting appellant No.1(a) and the trial Court
advocate, who entrusted the file to him, they have not come
forward to take steps.
Consequently, appeal abates so far as appellant
No.1(b) and as against respondent No.5.
NC: 2023:KHC:19827
RSA No. 1782 of 2008
In the light of submission made by the learned counsel
for appellant, it appears appellant No.1(a) is not interested in
prosecuting the appeal.
Hence, the appeal is dismissed for non-prosecution.
Sd/-
JUDGE
RR
