Karnataka High Court
Sri Narasimhappa vs Sri Hanumanthappa on 1 March, 2023
Bench: H.P.Sandesh
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RSA No. 2058 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 2058 OF 2017 (PAR)
BETWEEN:
1. SRI NARASIMHAPPA
S/O UTTANALAPPA
AGED ABOUT 63 YEARS
SMT. NAGAMMA
DEAD BY LRS.,
2. SRI. RAJANNA
S/O LATE NAGAMMA
AGED ABOUT 58 YEARS
3. SRI MANJUNATHA
S/O LATE NAGAMMA
AGED ABOUT 43 YEARS
Digitally signed
by SHARANYA T 4. SRI. PUTTAPPA @ NAGARAJ
Location: HIGH S/O LATE NAGAMMA
COURT OF AGED ABOUT 45 YEARS
KARNATAKA
5. SRI. SRINIVAS
S/O LATE NAGAMMA
AGED ABOUT 41 YEARS
6. SRI MAMATHA
D/O LATE NAGAMMA
AGED ABOUT 39 YEARS
APPELLANTS-1 TO 6 ARE ALL
RESIDENTS OF SULAKUNTE VILLAGE
AVALAGURKI POST, KASABA HOBLI
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RSA No. 2058 of 2017
CHICKBALLAPUR TALUK
PIN: 562 101.
...APPELLANTS
(BY SRI. V. VINOD REDDY, ADVOCATE)
AND:
SRI HANUMANTHAPPA
DEAD BY LRS.,
1. SMT. RAMAKKA
D/O LATE HANUMANTHAPPA
AGED ABOUT 73 YEARS,
R/AT HARADI VILLAGE,
JANGAMAKOTE HOBLI,
SIDLAGHATTA TALUK,
PIN:562 105.
2. SMT. MUNIYAMMA
D/O LATE HANUMANTHAPPA
W/O THIRIMALAPPA
AGED ABOUT 55 YEARS
R/AT AVALAGURKI VILLAGE,
KASABA HOBLI,
CHICKBALLAPUR TALUK,
PIN: 562101.
3. SMT. GOPAMMA
D/O LATE HANUMANTHAPPA
AGED ABOUT 51 YEARS
R/AT AMMENAGADA VILLAGE,
SIDLAGHATTA TALUK,
PIN: 562 105.
4. SMT. SHANTHAMMA
D/O LATE HANUMANTHAPPA
AGED ABOUT 45 YEARS
R/AT HARADI VILLAGE,
JANGAMAKOTE HOBLI,
SIDLAGATTA TALLUK,
PIN 562 105.
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RSA No. 2058 of 2017
5. SMT. MUNIRATHNAMMA
D/O LATE HANUMANTHAPPA
AGED ABOUT 40 YEARS
R/AT. THOWDANAHALLI VILLAGE,
MELUR POST,
SIDLAGATTA TALUK,
PIN: 562 105.
6. SRI. NAGARAJ
S/O SINGAPPA
AGED ABOUT 63 YEARS
7. SRI. MANJUNATHA
S/O SINGAPPA
AGED ABOUT 43 YEARS
8. SRI. NAGAPPA
S/O LATE GANGAPPA
AGED ABOUT 47 YEARS
9. NARAYANAPPA
S/O LATE GANGAPPA
AGED ABOUT 45 YEARS
10. SRI. MUNIRAJU
S/O LATE GANGAPPA
AGED ABOUT 43 YEARS
RESPONDENTS 6 TO 10 ARE ALL
RESIDING AT SULAKUNTE VILLAGE,
AVALAGURKI POST, KASABA HOBLI,
CHICKBALLAPUR TAUK
PIN: 562 101.
11. SRI. S.C. BYRAPPA
S/O CHIKKA BACHAPPA
AGED ABOUT 68 YEARS
R/AT SULAKUNTE VILLAGE,
AVALAGURKI POST, KASABA HOBLI,
CHICKBALLAPUR TAUK
PIN: 562 101.
...RESPONDENTS
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RSA No. 2058 of 2017
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 20.6.2017 PASSED IN RA
NO.219/2014 ON THE FILE OF THE II ADDL. SENIOR CIVIL
JUDGE AND JMFC, CHICKBALLAPUR, DISMISSING THE APPEAL
AND CONFIRMING THE JUDGMENT AND DECREE DATED
6.9.2014 PASSED IN OS NO.418/2006 ON THE FILE OF THE I
ADDL. CIVIL JUDGE AND JMFC, CHIKKABALLAPUR.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This appeal was filed in the year 2017. The matter was
posted before the Registrar (Judicial) on 06.06.2018. On that
day, the learned counsel for the appellants was absent.
However, one week time was granted for compliance of office
objections and also it is made clear that in the event of non-
compliance of office objections within one week, the matter will
be posted before the Court.
2. Accordingly the matter was posted before the Court
on 17.12.2018, on that day, finally three weeks time was
granted for compliance of office objections and also it is made
clear that if the office objections are not complied within two
RSA No. 2058 of 2017
weeks, post the matter for further orders. When the matter
was listed before the Court on 04.09.2019, on that day, the
learned counsel for the appellants sought three weeks time for
compliance of office objections, the same was granted and also
it is made clear that if the office objections are not complied
within such period, the appeal shall be listed for dismissal.
Again the matter was listed on 11.12.2019, on that day, the
learned counsel for the appellant submits that the needful was
done. Hence, this Court directed the office to verify and
proceed further.
3. On verification, it was found that the office
objections are not complied with and a false submission was
made before the Court on 11.12.2019.
4. Today also, there is no representation on behalf of
the appellants. The matter is pending from the year 2017 for
compliance. Till today, not complied with the office objections
in spite of sufficient opportunity was given. Hence, no ground is
made out once again to adjourn the matter.
RSA No. 2058 of 2017
5. The appeal is dismissed for non-compliance of office
objections.
Sd/-
JUDGE
CP
