H Jayanna S/O Hanumanthappa vs Rangaiah S/O Guddaiah
2023 Latest Caselaw 3216 Kant

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                                                    NC: 2023:KHC:20188
                                                      RFA No. 2477 of 2006




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 13TH DAY OF JUNE, 2023

                                         BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                       REGULAR FIRST APPEAL NO. 2477 OF 2006 (DEC)


                 BETWEEN:

                 1.    H JAYANNA
                       S/O HANUMANTHAPPA
                       AGED ABOUT 42 YEARS
                       OCC TEACHER, HBPS
                       GUNASAGAR, DEVANUR POST
                       KADUR, CHICKMAGALUR-577546.

                 2.    SMT PARVATHAMMA
                       D/O KENCHAIAH
                       AGED ABOUT 49 YEARS
                       OCC HOUSE HOLD
                       R/O BELLARY CAMP
                       BIRUR TOWN,KADUR
                       CHICKMAGALUR-577546.
Digitally signed
by               3.    RAJAPPA
DHANALAKSHMI           S/O GAVIRANGAPPA
MURTHY
                       AGED ABOUT 47 YEARS
Location: High
Court of               OCC AGRICULTURE
Karnataka              R/O BANNUR VILLAGE
                       SAKKARAYAPATNA HOBLI
                       KADUR, CHICKMAGALUR-577546.

                 4.    RUDRAPPA
                       S/O GAVIRANGAPPA
                       AGED ABOUT 43 YEARS
                       OCC: AGRICULTURE

                 5.    GANGAMMA
                       W/O CHANNAIAH
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                                  NC: 2023:KHC:20188
                                     RFA No. 2477 of 2006




     OCC AGRICULTURE
     AGED ABOUT 55 YEARS.

6.   MALLESHAPPA
     S/O CHANNAIAH
     OCC AGRICULTURE
     AGED ABOUT 45 YEARS

7.   RAJAPPA
     S/O CHANNAIAH
     OCC AGRICULTURE
     AGED ABOUT 44 YEARS

     APPELLANT Nos. 4 TO 7 ARE R/O
     BANNUR VILLAGE, BELLARY CAMP
     BIRUR, KADUR,
     CHICKMAGALUR-575746.

                                            ...APPELLANTS
(BY SRI. YADUNANDAN N., ADVOCATE ALONG WITH
SRI. VIGHNESHWAR S SHASTRI.,SENIOR COUNSEL)


AND:

1.   RANGAIAH
     S/O GUDDAIAH
     AGED ABOUT 75 YEARS
     OCC AGRICULTURE.

2.   MANKAIAH
     S/O RANGAIAH
     AGED ABOUT 52 YEARS
     OCC AGRICULTURE.

3.   THAMMAIAH
     S/O RANGAIAH
     AGED ABOUT 49 YEARS
     OCC AGRICULTURE.
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                                    NC: 2023:KHC:20188
                                      RFA No. 2477 of 2006




4.   GANGAIAH
     S/O RANGAIAH
     AGED ABAOUT 45 YEARS
     OCC AGRICULTURE.

5.   B R RANGAIAH
     S/O RANGAIAH
     AGED ABOUT 41 YEARS
     OCC AGRICULTURE
     ALL ARE R/O BANNUR VILLAGE
     SAKKARAYAPATNA HOBLI
     KADUR, CHICKMAGALUR-577546

                                           ...RESPONDENTS
(BY SRI. G S BALAGANGADHAR .,ADVOCATE FOR R4 & R5:
A[[EA; AGAOMST R1 TO R3 ARE ABATED)


      THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGEMENT AND DECREE DATED: 19.04.2006 PASSED IN
OS.NO.233/2001 ON THE FILE OF THE C.J.(SR.DN.) KADUR,
DECREEING THE SUIT FOR DECLARATION AND PERMANENT
INJUNCTION.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                         JUDGMENT

Mr.Y.V.Prakash, learned counsel for the appellants

submitted that inspite of his best efforts, he is unable to

get instructions from his clients and he is unable to

proceed in the matter.

NC: 2023:KHC:20188 RFA No. 2477 of 2006

The learned counsel for the respondents is present.

It appears that the appellants are not interested in

prosecuting the case. Hence, the appeal is dismissed for

non-prosecution.

In view of dismissal of appeal, pending applications,

if any, do not survive for consideration and they are

accordingly dismissed.

Sd/-

JUDGE

DM