G Thippeswamy vs Basappa
2023 Latest Caselaw 1804 Kant

                                                   -1-
                                                             RFA No. 977 of 2005




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 13TH DAY OF MARCH, 2023

                                                BEFORE

                            THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

                             REGULAR FIRST APPEAL NO. 977 OF 2005 (DEC/INJ-)

                       BETWEEN:

                       1.    SRI. G. THIPPESWAMY,
                             S/O LATE THIPPESWAMY,
                             AGED ABOUT 66 YEARS,
                             RESIDING AT GADDADABORAJAHNA HATTI
                             GUDEKOTE HOBLI,
                             KUDLIGI TALUK-583135,
                             BELLARY DISTRICT.

                       2.    SRI. G. VIRUPAKSHAPPA,
                             S/O LATE THIPPESWAMY,
                             AGED ABOUT 52 YEARS,
                             RESIDING AT GADDADABORAJAHNA
                             HATTI, GUDEKOTE HOBLI,
                             KUDLIGI TALUK-583135,
                             BELLARY DISTRICT.
          Digitally
          signed by
          SAROJA
SAROJA    HANGARAKI
HANGARAKI Date:
          2023.03.15
          11:02:43 -
          0700
                       3.    SRI. G. RAJASHEKHARAPPA,
                             S/O LATE THIPPESWAMY,
                             AGED ABOUT 50 YEARS,
                             RESIDING AT GADDADABORAJAHNA
                             HATTI, GUDEKOTE HOBLI,
                             KUDLIGI TALUK-583135,
                             BELLARY DISTRICT.

                       4.    SMT. VANAJAKSHAMMA,
                             W/O LATE VEERABHADRAPPA,
                             AGED ABOUT 40 YEARS,
                             RESIDING AT GADDADABORAJAHNA
                             HATTI, GUDEKOTE HOBLI,
                               -2-
                                      RFA No. 977 of 2005




      KUDLIGI TALUK-583135,
      BELLARY DISTRICT.


                                              ...APPELLANTS
(BY SRI. M. H. PATIL, AND
    SRI. G. S. HULMANI, ADV. FOR A1 TO A3
    SRI. D.R. RAJASHEKHARAPPA, ADV. FOR A4)

AND:

1.    SRI. BASAPPA,
      S/O B RAJASHEKHARAPPA,
      AGED ABOUT 55 YEARS,
      RESIDING AT RAYAPURA VILLAGE,
      MOLAKALMUR TALUK,
      CHITRADURGA DISTRICT-577501.

2.    SRI. NAYAKARA RAJAPPA,
      S/O LATE GUDLA CHINNAIAH,
      SINCE DECEASED BY HIS LRS.


2A. SMT. THIPPAMMA,
     W/O LATE RAJAPPA,
    AGED ABOUT 55 YEARS,

2B. SRI. CHINNAPPA,
    W/O LATE RAJAPPA,
    AGED ABOUT 35 YEARS,

2C. SRI. SOORAIAH,
    S/O LATE RAJAPPA,
    AGED ABOUT 33 YEARS,

2D. OBAIAH,
    S/O LATE RAJAPPA,
    AGED ABOUT 30 YEARS,

2E.   PALAIAH,
      S/O LATE RAJAPPA,
      AGED ABOUT 28 YEARS,
                           -3-
                                     RFA No. 977 of 2005




2F.   THIPPESWAMY,
      S/O LATE RAJAPPA,
      AGED ABOUT 26 YEARS,
      RESPONDENTS 2(A) TO 2(F)ARE
      RESIDING AT GADDADABORAIAHNA HATTI,
      GUDEKOTE TALUK-583135,
      BELLARY DISTRICT.

3.    SRI. DANAPPA, S/O RUDRAPPA,
      AGED ABOUT 38 YEARS,
      R/AT MOGALAHALLI VILLAGE,
      MOLAKALMUR TALUK,
      CHITRADURGA DISTRICT-577501.
4.    SMT. EERAMMA,
      W/O LATE B. VEERANNA
      (HOOVINA VEERANNA),
      SINCE DECEASED BY HER LR

4A. SRI. OMKARAPPA,
    S/O LATE B VEERANNA
    (HOOVINA VEERANNA),
    AGED ABOUT 53 YEARS,
    RESIDING AT CHALLAKERE,
    CHITRADURGA DISTRICT-577501.

5.    SRI. NAGABHUSHAN,
      S/O LATE VEERANNA
      (HOOVINA VEERANNA),
      AGED ABOUT 36 YEARS,
      FORMERLY RESIDING AT CHALLAKERE,
      AND NOW RESIDING AT
      SOOLENAHALLI VILLAGE,
      MOLAKALMUR TALUK,
      CHITRADURGA DISTRICT-577501.

                                          ...RESPONDENTS
(BY SRI. J.S. SHETTY, ADV. FOR R1
    SRI. N. KEMPEGOWDA AND
     ACC ASSOCIATES FOR R2(A TO F),
    SRI. K.L. PATIL, ADV. FOR R1(D),
   NOTICE TO R1B, R1C, R3, R4A, AND R5 IS SERVED)
                              -4-
                                       RFA No. 977 of 2005




     THIS RFA IS FILED UNDER SECTION 96 R/W ORDER
XXXXI RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE
DT.23.03.2005 PASSED IN O.S.NO.33/2002 ON THE FILE OF
THE CIVIL JUDGE (SR.DN), KUDLIGI, DISMISSING THE SUIT
FOR DECLARATION AND PERMANENT INJUNCTION.

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

                         JUDGMENT

None appears for the appellants even though the

matter is called for 2nd time.

Appeal is dismissed for non-prosecution.

Sd/-

JUDGE

RH