Smt. Anitha @ Halamma vs Kuruvethappa
2023 Latest Caselaw 2057 Kant

                                               -1-
                                                        RSA No. 528 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 28TH DAY OF MARCH, 2023

                                            BEFORE

                              THE HON'BLE MR JUSTICE H.P.SANDESH

                          REGULAR SECOND APPEAL NO.528 OF 2017 (PAR)

                   BETWEEN:

                   SMT. ANITHA @ HALAMMA,
                   W/O PARAMESHWARAPPA R.T.,
                   AGED ABOUT 38 YEARS,
                   HOUSEHOLD, AGRICULTURIST,
                   R/O NAGANUR VILLAGE,
                   DAVANAGERE TALUK AND DISTRICT-577 002.
                                                              ...APPELLANT

                          (BY SRI REVANNA BELLARY, ADVOCATE - ABSENT)

                   AND:

                   1.   KURUVETHAPPA,
                        S/O MAHADEVAPPA,
                        AGED ABOUT 73 YEARS,
Digitally signed
by SHARANYA T           AGRICULTURIST.
Location: HIGH
COURT OF           2.   MAHADEVAPPA,
KARNATAKA
                        S/O KURUVETHAPPA,
                        AGED ABOUT 38 YEARS,
                        AGRICULTURIST.

                        BOTH ARE R/O. BORAGONDANAHALLI,
                        DAVANAGERE TALUK AND DISTRICT-577 002.

                   3.   SMT. NAGAVENI,
                        W/O VIJAY KUMAR,
                        AGED ABOUT 26 YEARS,
                        HOME MAKER,
                        D/O BANAKER SHEKARAPPA,
                        MUSTURALLI, JAGALUR TALUK,
                        DAVANAGERE DISTRICT-577 528.
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                                             RSA No. 528 of 2017




4.   SMT. SUDHA
     W/O SURESH,
     AGED ABOUT 23 YEARS,
     AGRICULTURIST,
     R/O CHIKKARKERE VILLAGE,
     JAGALUR TALUK,
     DAVANAGERE DISTRICT-577 528.

5.   SMT. R.B. SAKAMMA,
     W/O. HALESHAPPA,
     AGED ABOUT 38 YEARS,
     AGRICULTURIST,
     R/O BORAGONDANAHALLI,
     DAVANAGERE TALUK AND DISTRICT-577 002.
                                      ...RESPONDENTS

      THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
PRAYING TO SET ASIDE THE COMPROMISE DECREE DATED
20.01.2014 IN O.S.NO.86/2012 PASSED BY THE PRINCIPAL
CIVIL JUDGE COURT, DAVANAGERE AND JUDGMENT AND
DECREE DATED 17.12.2016 IN R.A.NO.119/2015 ON THE
FILE OF THE I APPELLATE COURT, I ADDITIONAL SENIOR
CIVIL JUDGE COURT, DAVANAGERE TO ORDER FOR EQUAL
1/5TH SHARE IN ALL SUIT NOS.1 TO 4 PROPERTIES EXCEPT 2
ACRES OF ITEM NO.1 SUIT PROERPTY SOLD IN FAVOUR OF
RESPONDENT NO.5 THROUGH OUT COSTS AND ETC.

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

                     JUDGMENT

This appeal was filed in the year 2017. This Court

vide order dated 02.04.2019, dismissed the appeal for

non-compliance of the office objections. Thereafter, an

application was filed for recalling the order dated

02.04.2019 and this Court recalled the order. After

recalling the order, this matter is listed for the fourth

RSA No. 528 of 2017

time for non compliance of the office objections. There is

no representation on behalf of the appellant today. It

appears that the learned counsel for the appellant is not

interested in pursuing the matter. Hence, the appeal is

dismissed for non-compliance of office objections.

Sd/-

JUDGE

MD