Karnataka High Court
Basavalingamma W/O Late Sidrama ... vs Bandappa S/O Late Basavarajappa ... on 23 March, 2023
Bench: C M Joshi
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RFA No. 6030 of 2013
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 23 RD DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI
REGULAR FIRST APPEAL NO. 6030 OF 2013 (PAR-)
BETWEEN:
BASAVALINGAMMA
DEAD BY LRs
1)(a) BANNAMMA
W/O BASAVARAJAPPA,
AGED ABOUT 45 YEARS,
OCC: HOUSEHOLD R/O MUNGAL,
TQ. & DIST. YADGIRI.
1(b) SHANTAMMA
Digitally signed
W/O MAHIPAL REDDY,
by SOMANATH AGED ABOUT 38 YEARS,
PENTAPPA
MITTE OCC: HOUSE HOLD, R/O
Location: High RACHANALI VILLAGE,
Court of
Karnataka TQ. & DIST. YADGIRI.
1(c) NEELAMMA
W/O VISHWANATH REDDY,
AGED ABOUT 34 YEARS,
OCC: HOUSE HOLD,
R/O WAKRANI VILLAGE,
TQ. DEODURGA,
DIST. RAICHUR.
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RFA No. 6030 of 2013
1(d) SANGAREDDY
S/O SHIVARAM REDDY,
SINCE DEAD BY LR'S
1(d)(a) BHARATH
S/O ATE SANGAREDDY,
AGED ABOUT 6 YEARS,
OCC: STUDENT,
SINCE MINOR REPRESENTED BY
GUARDIAN
1(a) BANNAMMA
W/O BASAVARAJAPPA
R/O MUNGAL VILLAGE,
TQ.& DIST. YADGIRI.
...APPELLANTS
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
AND:
1. BANDAPPA
AGED ABOUT 39 YEARS,
S/O LATE BASAVARAJAPPA GOWDA ALIMANE,
MUNGAL POST, SAIDAPUR HOBLI,
YADGIR TALUK & DISTRICT,
PIN-585221.
2. SIDDALINGA REDDY,
AGED ABOUT 37 YEARS,
S/O LATE BASAVRAJAPPA GOWDA ALIMANE,
MUNGAL POST, SAIDAPUR HOBLI,
YADGIR TALUK & DISTIRCT
PIN-585221.
3. MALLANNA
AGED ABOUT 36 YEARS,
S/O LATE BASAVRAJAPPA GOWDA ALIMANE,
MUNGAL POST,
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RFA No. 6030 of 2013
SAIDAPUR HOBLI,
YADGIR TALUK & DISTRICT.
PIN-585221.
4. VIRUPAMMA
AGED ABOUT 55 YEARS,
W/O LATE BASAVRAJAPPA GOWDA ALIMANE
MUNGAL POST,
SAIDAPUR HOBLIT,
YADGIR TALUK & DISTRICT.
PIN-585221.
5. GANGAMMA
AGED ABOUT 43 YEARS,
W/O SIDDALINGAREDDY,
D/O LATE BASAVRAJAPPA GOWDA ALIMANE
MUNGAL POST,
SAIDAPUR HOBLIT,
YADGIR TALUK & DISTRICT.
PIN-585221.
6. SHESHIKALA
AGED ABOUT 41 YEARS,
W/O BUDEPPA GOWDA TIMMAPUR
D/O LATE BASAVRAJAPPA GOWDA ALIMANE,
R/AT TIMMAPUR TQ. RAICHUR
VIA SHAKTINAGAR.
7. MAHADEVI
AGED ABOUT 34 YEARS,
W/O AMIN REDDY BILAR
D/O LATE BASAVRAJAPPA GOWDA ALIMANE,
MUNGAL POST,
SAIDAPUR HOBLIT,
YADGIR TALUK & DISTRICT.
PIN-585221.
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RFA No. 6030 of 2013
8. GIRIJAMMA
AGED ABOUT 41 YEARS,
D/O LATE JAYAMMA &
SANAREDDY GOWDA,
W/O BANDAPPA
R/O DISTRICT RESERVE POLICE,
KOPPAL.
9. CHANDRASHEKAR
AGED ABOUT 54 YEARS,
S/O LATE THIPPANNA GOWDA ALIMANE, MUNGAL
POST,
SAIDAPUR HOBLI,
YADGIR TALUK & DISTRICT.
PIN- 585221.
10. SIDDALINGAPPA PATIL
AGED ABOUT 51 YEARS,
S/O LATE VENKANGOWDA,
MUNGAL POST,
SAIDAPUR HOBLI,
YADGIR TALUK & DISTRICT.
PIN-585221.
11. BASAVARAJU PATIL
AGED ABOUT 44 YEARS,
S/O LATE VENKANGOWDA
MUNGAL POST,
SAIDAPUR HOBLI,
YADGIR TALUK & DISTRICT.
PIN-585221.
12. NEELAKANTA REDDY,
AGED ABOUT 37 YEARS,
S/O ATE VENKANGOWDA,
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RFA No. 6030 of 2013
MUNGAL POST,
SAIDAPUR HOBI,
YADGIR TALUK & DISTRICT
PIN-585221.
13. BEEMREDDY
AGED ABOUT 47 YEARS,
S/O LATE VENKANGOWDA,
MUNGAL POST,
SAIDAPUR HOBLI,
YADGIR TALUK & DISTRICT.
PIN-585221.
14. KEERTHIAMMA
AGED ABOUT 71 YEARS,
W/O LATE VENKANGOWDA
MUNGAL POST,
SAIDAPUR HOBLI,
YADGIR TALUK & DISTRICT.
PIN-585221.
15. VARALAXMI
AGED ABOUT 53 YEARS,
W/O LATE SHIVANNA GOWDA,
D/O LATE VENKANGOWDA
MUNGAL POST,
SAIDAPUR HOBLI,
YADGIR TALUKA & DISTRICT,
PIN-585221.
16. MALLANAGOWDA
AGED ABOUT 63 YEARS,
S/O LATE BASAVANAGOWDA,
MUNGAL POST,SAIDAPUR HOBLI,
YADGIR TALUK & DISTRICT.
PIN-585221.
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RFA No. 6030 of 2013
17. SIDDANAGOWDA
AGED ABOUT 61 YEARS,
S/O LATE BASAVANAGOWDA
MUNGAL POST,
SAIDAPUR HOBLI,
YADGIR TALUK & DISTRICT.
PIN-585221.
18. LAKSHMI REDDY,
AGED ABOUT 68 YEARS,
S/O LATE BASAVANGOWDA,
MUNGAL POST,
SAIDAPUR HOBLI,
YADGIR TALUK & DISTRICT.
PIN-585221.
19. EASHWARAMMA
AGED ABOUT 73 YEARS,
W/O LATE THIPPANAGOWDA
D/O LATE BASAVANGOWDA,
URANMANI, ABBE TUMKUR,
YADGIR TALUK & DISTRICT.
PIN-585221.
19 A) SMT. PARVATHAMMA
W/O NAGAREDDY DESHMUKH
AGED ABOUT 60 YEARS,
R/AT JEEVANIGI VILLAGE AND
POST THANDUR TALUK,
RANGAREDDY
ANDRA PARADESH-501143
19 B) SRI MALLANGOWDA
S/O THIPPANNAGOUDA
AGED ABOUT 58 YEARS,
R/AT ABBETHUMAKUR VILLAGE,
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RFA No. 6030 of 2013
YADGIRI-585202.
19 C) SRI AYYANGOUDA
S/O THIPPANNAGOUDA
AGED ABOUT 57 YEARS,
R/AT MUNGAL POST
SAIDAPUR HOBLI,
YADGIRI TALUKA & DISTRICT
PIN-585221.
20. SHARANAPPA GOWDA MALIPATIL
AGED ABOUT 57 YEARS,
S/O LATE NARASANNA GOWDA
BEEMANAHALLI, BELGUNDI
POST SAIDAPUR HOBLI
YADGIR TALUK & DISTRICT.
PIN-585221.
21. BUDAPPA GOWDA MALI PATIL
AGED ABOUT 68 YEARS,
S/O LATE NARASANNA GOWDA,
BEEMANAHALLI,
BELGUNDI POST SAIDAPUR HOBLI,
YADGIR TALUK & DISTRICT.
PIN-585221.
22. LAXMI REDDY GOWDA
AGED ABOUT 61 YEARS,
S/O LATE NARASANNA GOWDA
BEEMANAHALLI,
BELGUNDI POST,
SAIDAPUR HOBLI,
YADGIR TALUK & DISTRICT
PIN-58221.
23. SHANKARAMMA
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RFA No. 6030 of 2013
AGED ABOUT 66 YEARS,
D/O LATE NAGAMMA
W/O LAXMI REDDY
MUNGAL POST
SAIDAPUR HOBLI
YADGIR TALUK & DISTRICT
PIN-585221.
24. BANNAMMA
AGED ABOUT 63 YEARS,
D/O LATE NAGAMMA
W/O LAXMI REDDY
R/O MUNGAL POST
SAIDAPUR HOBLI
YADGIR TALUK & DISTRICT.
PIN-585221.
25. SAROJAMMA @ UMADEV,
AGED ABOUT 45 YEARS,
W/O SIDDALINGAPPA PATIL
D/O LATE JAYAMMA &
SANGAREDDY GOWDA,
SBI BANK COLONY,
PLOT NO.24, OLD JEWARGI ROAD,
GULBARGA.
...RESPONDENTS
(BY SRI V S PATIL & GANESH NAIK, ADVOCATES FOR R1 TO
R9;SRI NAGARAJ PATIL, ADVOCATE FOR R10 TO R15, R17,
R19(B) AND R19(C),
SERVICE OF NOTICE TO R16 IS HELD SUFFICIENT V/O DATED
2.2.2015; NOTICE TO R8,19A,20 TO 24 ARE SERVED;
SRI GOUTHAMDEV C ULLAL, SRI NARENDRA N.G. AND SMT.
JYOTHI, ADVOCATES FOR R25)
THIS RFA IS FILED U/S. 96 OF CPC, PRAYING TO SET-
ASIDE THE JUDGMENT AND DECREE PASSED BY THE CIVI
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RFA No. 6030 of 2013
JUDGE (SR. DVN.) AT YADGIRI IN O.S.NO. 07/2010 DATED
29.06.2013 DISMISSING THE SUIT OF THE APPELANT AND
DECREE SUIT OF THE PLAINTIFFS/APPELLANT AS PRAYED IN
THE PLAINTIFF.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel appearing for the appellants as well
as the respondents present.
2. On the last occasion, this Court had noted as
below:
"It is submitted by learned counsel for the appellant, none
of the appellants are interested in prosecuting this appeal.
It is submitted that appellants No.1(a) to 1(d) had already
settled the matter and had represented before the Court
that they are not interested in prosecuting this appeal and
later at the instance of respondent No.25, notice was
issued to appellants No.1(e) and 1(f), but they also did not
appear. The learned counsel for the appellants submits
that he has already filed a memo that the appeal is
disposed as withdrawn.
However, the learned counsel appearing for respondent
No.25 submits that he would make his submission next
week.
List the matter on 23.03.2022."
3. Now the learned counsel for respondent No.25
submits that he has no more submissions to make.
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RFA No. 6030 of 2013
4. Therefore, the memo filed by the learned counsel
appearing for the appellants is taken on record and the
appeal is dismissed as withdrawn.
Sd/-
JUDGE
tsn*
