Karnataka High Court
K G Virupakshappa vs K G Suresh on 3 November, 2023
Bench: V Srishananda
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NC: 2023:KHC:39137
RFA No. 1499 of 2003
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO.1499 OF 2003 (DEC)
BETWEEN:
1. K G VIRUPAKSHAPPA
S/O BASAPPA
AGED 60 YEARS
2. K G MALLIKARJUNA
S/O K G VIRUPAKSHAPPA
AGED 24 YEARS,
BOTH ARE MAJORS
R/AT KANDAGAL VILLAGE,
DAVANAGERE TQ.,
...APPELLANTS
(BY SRI.K.N. NARAPPA, ADVOCATE FOR A2)
Digitally
signed by R AND:
MANJUNATHA
Location:
HIGH COURT 1. K G SURESH
OF
KARNATAKA S/O KG BASAVARAJAPPA
AGED ABOUT 45 YEARS,
AGRICULTURIST
2. K G BASAVANAGOWDA
S/O K G BASAVARAJAPPA
AGED ABOUT 28 YEARS,
BAPUJI BANK EMPLOYEE,
OPP. DENTAL COLLEGE,
DAVANAGERE.
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3. SAROJAMMA
W/O K G BASAVARAJAPPA
AGED ABOUT 65 YEARS,
4. K G ASHA
W/O ANGARAJ @ NARAPPA
AGED ABOUT 35 YEARS,
R/AT KYASINAKERE,
HONNALI TQ.,
5. KUMARI PRATHIBA
D/O BASAVARAJAPPA
AGED ABOUT 29 YEARS,
6. NAGARATHNA @ BABY
W/O G JAGADISH
AGED ABOUT 47 YEARS,
R/AT SHYAGALE VILLAGE,
DAVANAGERE TQ.,
7. HALAPPA C
S/O CHURI AJJAPPA
8. MAHESHWARAPPA
S/O DODDA SHARANAPPA
9. CHANDRASHEKHARAPPA K G
S/O BASAPPA
(SINCE DIED REPRESENTED BY HIS LRS)
a. SUSHEELAMMA
W/O K.G. CHANDASHEKARAPPA
AGED ABOUT 65 YEARS
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b. K.G. RENUKA PRASAD
S/O K.G. CHANDASHEKARAPPA
AGED ABOUT 53 YEARS
c. K.G. HALASWAMI
S/O K.G. CHANDASHEKARAPPA
AGED ABOUT 51 YEARS
d. K.G. SUJATHA
S/O K.G. CHANDASHEKARAPPA
AGED ABOUT 48 YEARS
10. K G SHANKARAPPA
S/O BASAPPA
(SINCE DIED REPRESENTED BY HIS LRS)
10(1) LALITAMMA
W/O. K.G. SHANKARAPPA
AGED ABOUT 70 YEARS
10(2) GIRISH PATEL
S/O. K.G. SHANKARAPPA
(SINCE DIED REPRESENTED BY HIS LRS)
10(2a) THRILOTHAMAE
W/O GIRISH PATEL
AGED ABOUT 48 YEARS
10(2b) ROOPA
D/O GIRISH PATEL
AGED ABOUT 26 YEARS
10(2c) SHILP
D/O GIRISH PATEL
AGED ABOUT 24 YEARS
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RFA No. 1499 of 2003
10(2d) MANGALA
D/O GIRISH PATEL
AGED ABOUT 22 YEARS
10(2e) SANTOSH
S/O GIRISH PATEL
AGED ABOUT 20 YEARS
10(3) SATISH PATEL
S/O K.G. SHANKARAPPA
AGED ABOUT 50 YEARS
10(4) RAVI KUMAR
S/O K.G. SHANKARAPPA
AGED ABOUT 48 YEARS
11. C CHANNABASAPPA
S/O C SANNA VEERAPPA
12. C REVANASIDDAPPA
S/O C KALLAVEERAPPA
13. B CHANDRASHEKHARAPPA
S/O BADARAGATTE BASAPPA
14. C JAYAPPA
S/O C SANNAVEERAPPA
15. SANNA KALLAPPA
S/O C SANNA VEERAPPA
16. C SANNA KALLAPPA
S/O C SANNAVEERAPPA
17. M N BASAVARAJAPPA
S/O MUDIMALLAPPALA NAGENDRAPPA
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RFA No. 1499 of 2003
18. C B SHIVASHANKAR
S/O C V BASAPPA
19. C S CHANDRAMMA
W/O C V BASAPPA
20. N S REVANASIDDAPPA
S/O OBANEHALLYARA SIDDABASAPPA
RESPONDENTS 7 TO 20 ALL ARE MAJORS
AGRICULTURISTS
ALL OTHERS ARE
R/O KANDAGAL VILLAGE
DAVANAGERE TQ.,
EXCEPT RESP. NO.2, 4 AND 6.
...RESPONDENTS
(BY SRI.RAVI G SABHAHIT, ADVOCATE FOR R1(A), R7, R11(A
TO D), R12 TO R19, R20(A TO D), R1- SERVED
R1(B) & R1(C) MINORS REP BY R1(A)
R2 & R3 SERVED, V/O DT. 9/3/17, R9(D) IS ABATED
R10(1), (2)(A), 2(D), D(E), R10(3) & (4) SERVED
V/O DT. 03/11/05 SERVICE OF NOTICE TO R9© R10(2) (B&C)
ARE HELD SUFFICIENT)
THIS RFA IS FILED U/S.96 R/W O XLI R 1 OF CPC
AGAINST THE JUDGMENT AND DECREE DT.25.7.03, PASSED IN
O.S.NO.52/00 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN),
DAVANAGERE, DISMISSING THE SUIT FOR DECLARATION,
POSSESSION AND PERMANENT INJUNCTION AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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RFA No. 1499 of 2003
JUDGMENT
Case called twice. None present on behalf of the
appellant.
2. Appeal is of the year 2003. There is no
representation on behalf of the appellant even on the
previous date of hearing. Suo motu this court granted
adjournment to do the needful in the interest of justice.
Since the appellant No.2 represented by Sri Narappa has
failed to comply the office objections and failed to furnish
the process fee, left with no alternative appeal stands
dismissed for non-prosecution.
Sd/-
JUDGE
KLY
CT: JL
