Karnataka High Court
Jayamma vs Prakash on 6 October, 2023
Bench: H.P.Sandesh
-1-
NC: 2023:KHC:36297
RSA No. 2100 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.2100 OF 2021 (PAR)
BETWEEN:
1. JAYAMMA
D/O. LATE. M P DODDAVEERAIAH,
AGED ABOUT 64 YEARS,
R/O. 2014, 3RD CROSS,
SUBHASH NAGARA,
MANDYA 571401
2. SARASWATHI
D/O. LATE. M P DODDAVEERAIAH,
AGED ABOUT 61 YEARS,
Digitally signed
by SHARANYA T
Location: HIGH 3. M D RAJANNA
COURT OF
KARNATAKA S/O. LATE. M P DODDAVEERAIAH,
AGED ABOUT 58 YEARS,
4. M D GOPAL
S/O. LATE. M P DODDAVEERAIAH,
AGED ABOUT 54 YEARS,
5. MANJULA
D/O. LATE. M P DODDAVEERAIAH,
AGED ABOUT 50 YEARS,
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RSA No. 2100 of 2021
6. KEMPAMMA
W/O. LATE. M P DODDAVEERAIAH,
AGED ABOUT 81 YEARS,
ALL ARE R/O. 2014, 3RD CROSS,
SUBHASH NAGARA,
MANDYA 571401
...APPELLANTS
(BY SRI G M ANANDA, ADVOCATE)
AND:
1. PRAKASH
S/O. LATE. CHIKKAVEERAIAH,
AGED ABOUT 67 YEARS
2. KANYAKUMARI
D/O. LATE. CHIKKAVEERAIAH,
AGED ABOUT 64 YEARS
BOTH ARE R/AT BEHIND CHAMUNDESHWARI
TEMPLE, BANNUR ROAD,
MANDYA CITY 571401.
3. SMT. MARIYAMMA
W/O. LATE. SRI. PUTTAVEERAIAH,
AGED ABOUT 80 YEARS
4. SMT. GOWRAMMA
D/O. LATE. SRI. PUTTAVEERAIAH,
AGED ABOUT 66 YEARS
5. SUNI
D/O. LATE. SRI. PUTTAVEERAIAH,
AGED ABOUT 63 YEARS
-3-
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RSA No. 2100 of 2021
6. SHIVAMMA
D/O. LATE. PUTTAVEERAIAH,
AGED ABOUT 61 YEARS
7. PUTTAVEERAIAH
S/O. LATE. PUTTAVEERAIAH,
AGED ABOUT 59 YEARS
8. RENUKA
D/O. LATE. PUTTAVEERAIAH,
AGED ABOUT 57 YEARS
9. SAVITHRI
D/O. LATE PUTTAVEERAIAH,
AGED ABOUT 55 YEARS
10. NAGA
D/O LATE PUTTAVEERAIAH,
AGED ABOUT 50 YEARS
RESPONDENT No.3 TO 10 ARE
R/AT KYATHUMGERE VILLAGE,
BANNUR ROAD,
MANDYA TALUK,
MANDYA DISTRICT 571403.
11. SMT. SUGIYAMMA
W/O. LATE. M P VEERABHADRAIAH,
AGED ABOUT 63 YEARS
12. VIJAYA
D/O. LATE. M P VEERABHADRAIAH,
AGED ABOUT 55 YEARS
-4-
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RSA No. 2100 of 2021
13. SUNI
D/O. LATE. M P VEERABHADRAIAH,
AGED ABOUT 51 YEARS
14. GIRISH
S/O. LATE. M P VEERABHADRAIAH,
AGED ABOUT 47 YEARS
RESPONDENT No.11 TO 14 ARE
R/AT NO. 2017, 3RD CROSS,
SUBHASH NAGARA,
MANDYA 571401
M P KALAIAH
S/O LATE. PUTTAVEERAIAH,
SINCE DEAD BY LRS
15. LAKSHMAMMA,
W/O. LATE. KALAIAH M P,
AGED ABOUT 61 YEARS
4TH CROSS, GANDHI NAGARA,
MANDYA 571401
16. POORNIMA
D/O. LATE KALAIAH M P,
AGED ABOUT 30 YEARS
R/O. NO. 2017, 3RD CROSS,
SUBHASH NAGARA,
MANDYA 571401
17. BABU
S/O. LATE. KALAIAH,
AGED ABOUT 28 YEARS
R/O. 4TH CROSS,
GANDHI NAGARA,
MANDYA 571401
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RSA No. 2100 of 2021
18. PRATHIMA
D/O. LATE. KALAIAH,
AGED ABOUT 27 YEARS
R/O. NO. 2017,
3RD CROSS,
SUBHASH NAGAR,
MANDYA 571401
...RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 R/W
ORDER 41 RULE 2 OF CPC AGAINST THE JUDGMENT AND
DECREE DATED 19.09.2018 PASSED IN RA.No.43/2017
ON THE FILE OF THE V ADDITIONAL DISTRICT JUDGE,
MANDYA AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Today also the counsel for the appellants is absent.
This appeal is of the year 2021 and this Court vide order
dated 20.09.2023 observed that the counsel for the
appellants is absent and office objections are also not
complied and hence, one more opportunity was given on
payment of cost and also made it clear that if cost is not
paid and office objections are not complied, the appeal will
NC: 2023:KHC:36297
RSA No. 2100 of 2021
be dismissed on the next date of hearing. Inspite of the
said order, the counsel for the appellants has not paid the
cost and also not complied the office objections.
Accordingly, the appeal is dismissed for non-compliance of
office objections and non-payment of cost.
Sd/-
JUDGE
SN
