Shivarudregowda @ Shivanna vs Mallappa S/O Late Channabasavaiah
2023 Latest Caselaw 8739 Kant

Karnataka High Court

Shivarudregowda @ Shivanna vs Mallappa S/O Late Channabasavaiah on 28 November, 2023

Author: V Srishananda

Bench: V Srishananda

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                                                     NC: 2023:KHC:43193
                                                  RFA No. 1320 of 2007




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 28TH DAY OF NOVEMBER, 2023

                                       BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
                     REGULAR FIRST APPEAL No.1320 OF 2007(DEC)
              BETWEEN:

              1.       SHIVARUDREGOWDA @ SHIVANNA
                       S/O LATE MALLEGOWDA
                       AGED ABOUT 76 YEARS,
                       SINCE DECEASED ON 19.01.2011 AND
                       REPRESENTED BY LEGAL REPRESENTATIVES, VIZ.,
                       APPELLANTS NOs.2 to 6:

              1(a)     BASAVARAJU
                       SON OF SHIVARUDREGOWDA
                       AGED ABOUT 38 YEARS

                       SINCE DECEASED AND REPRESENTED
                       BY LEGAL REPRESENTATIVE:


              1(a)(i) KUM.RAJESHWARI.B
Digitally             AGED ABOUT 27 YEARS
signed by R
MANJUNATHA            DAUGHTER OF LATE BASAVARAJ.S.B.,
Location:             RESIDING AT No.670/3
HIGH COURT
OF                    KADAPPANA KANA
KARNATAKA
                      BALEHOLADA SIDDALINGAPPA ROAD
                      DAVANAGERE - 577 001.

              1(b)     JAGADEESH
                       SON OF SHIVARUDREGOWDA
                       AGED ABOUT 29 YEARS

              1(c)     MAHESHA
                       SON OF SHIVARUDREGOWDA
                       AGED ABOUT 32 YEARS
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                                         NC: 2023:KHC:43193
                                       RFA No. 1320 of 2007




         ALL ARE RESIDENTS OF
         KADAPPANAVARA VATARA
         CITY HONDA ROAD
         DAVANAGERE.

1(d)     MALLIKARJUNA
         SON OF SHIVARUDREGOWDA
         AGED ABOUT 28 YEARS

         SINCE DECEASED AND REPRESENTED
         BY LEGAL REPRESENTATIVE:
         SMT.M.SHILPA

1(d)(i) SMT.M.SHILPA
        AGED 32 YEARS
        WIFE OF LATE SRI MALLIKARJUNA
        RESIDING AT No.670/3B
        KADAPPANAVARA VATARA
        CITY HONDA ROAD
        DAVANAGERE - 577 001.

         (CAUSE TITLE AMENDED VIDE ORDER
         DT.26.10.2016 ON I.A.Nos.1, 2, 3 AND 4/2016)

1(e)     GAYITHRI
         DAUGHTER OF SHIVARUDREGOWDA
         AGED ABOUT 25 YEARS
         RESIDENT OF KADAPPANAVARA VATARA
         CITY HONDA ROAD
         DAVANAGERE.
                                           ...APPELLANTS
(BY SRI SUMANTHA.S FOR SRI P.B.APPAIAH, ADVOCATES)
AND:

1.     MALLAPPA
       S/O LATE CHANNABASAVAIAH
       AGED ABOUT 56 YERAS,
       RESIDENT OF BANDARIKATTE VILLAGE,
       SIDDAPURA DAKLE,
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                                       NC: 2023:KHC:43193
                                    RFA No. 1320 of 2007




      GONISOMANAHALLI POST,
      HOLBEEDU HOBLI
      BELUR TALUK.

      SINCE DECEASED AND REPRESENTED
      BY LEGAL REPRESENTATIVES:

(a) VISHALAKSHMAMMA
    WIFE OF LATE MALLAPPA
    AGED ABOUT 50 YEARS

(b) HARISHA
    SON OF LATE MALLAPPA
    AGED ABOUT 22 YEARS

(c)   DIWAKARA
      SON OF LATE MALLAPPA
      AGED ABOUT 20 YEARS

      ALL ARE RESIDENTS OF
      BANDARIKATTE VILLAGE
      SIDDAPURA DAKLE
      GONISOMANAHALLI POST
      HALEBEEDU HOBLI
      BELUR TALUK

      (CAUSE TITLE AMENDED VIDE ORDER DT.29.03.2016
      ON I.A.Nos.1,2,3 AND 4/2014)

2.   KALLUVEEREGOWDA
     S/O LATE BANDARIKATTE CHANNEGWODA
     AGED ABOUT 84 YEARS,
     R/O UNDIGANALU VILLAGE,
     JAVAGAL HOBLI
     ARASIKERE TALUK.
                                      ...RESPONDENTS
[R1 (a to c), R2 ARE SERVED]
     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 R/W ORDER 41 RULE 1 OF CIVIL PROCEDURE CODE
AGAINST THE JUDGMENT AND DECREE DATED 26.02.2007
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                                                 NC: 2023:KHC:43193
                                              RFA No. 1320 of 2007




PASSED IN O.S.No.183/2001 ON THE FILE OF THE PRL.CIVIL
JUDGE (SR.DN.), HASSAN, DISMISSING THE SUIT FOR
DECLARATION AND POSSESSION.

    THIS REGULAR FIRST APPEAL, COMING ON FOR
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
                                ORDER

Sri Sumantha.S, learned counsel for Sri P.B.Appaiah,

learned counsel for appellants, present. He has been asked to

argue the matter. He fails to argue and insists for

adjournment.

This Court, suo motu, has given three adjournments,

even when there was no representation. Therefore, request for

adjournment is rejected.

Appeal is dismissed for non prosecution.

Sd/-

JUDGE

kcm