Karnataka High Court
Sri Yamaiah vs Smt Kempamma on 6 October, 2023
Bench: H.P.Sandesh
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NC: 2023:KHC:36296
RSA No. 2152 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.2152 OF 2021 (PAR)
BETWEEN:
1. SRI YAMAIAH
AGED 57 YEARS,
S/O LATE YAMAGIRAIAH
2. SRI SEENAIAH (IN FACT SRINIVAS)
AGED 52 YEARS
S/O LATE YAMAGIRAIAH
BOTH ARE R/AT KENCHANAHALLI VILLAGE
HULIYURDURGA HOBLI,
KUNIGAL TALUK
TUMAKURU DISTRICT - 572 123
Digitally signed
by SHARANYA T
Location: HIGH
COURT OF ...APPELLANTS
KARNATAKA (BY SRI JAGADISH BALIGA N, ADVOCATE)
AND:
1. SMT. KEMPAMMA
AGED 62 YEARS,
W/O LATE YAMAGIRIAH ALIAS KARIYAPPA
R/AT KENCHANAHALLI VILLAGE,
HULIYURDURGA HOBLI
KUNIGAL TALUK
TUMAKURU DISTRICT - 572 123
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NC: 2023:KHC:36296
RSA No. 2152 of 2021
SMT. VARALAKSHMAMMA
SINCE DEAD BY LRS
2. KUMARI VANDANA
AGED ABOUT 12 YEARS
D/O LATE VARALAKSHMAMMA
R/AT KENCHANAHALLI VILLAGE
HULIYURDURGA HOBLI,
KUNIGAL TALUK
TUMAKURU DISTRICT - 572 123
3. KIRTHANA
AGED ABOUT 10 YEARS
D/O LATE VARALAKSHMAMMA
R/AT KENCHANAHALLI VILLAGE
HULIYURDURGA HOBLI,
KUNIGAL TALUK
TUMAKURU DISTRICT - 572 123
RESPONDENT 2 AND 3 ARE MINORS
REPRESENTED BY THEIR GUARDIAN
SMT. KEMPAMMA, 1ST RESPONDENT
4. SRI SHIVAKUMARA
AGED ABOUT 36 YEARS
S/O LATE YAMAGIRAIAH ALIAS KARIYAPPA
R/AT KENCHANAHALLI VILLAGE
HULIYURDURGA HOBLI,
KUNIGAL TALUK
TUMAKURU DISTRICT - 572 123
KEMPAMMA
DEAD BY HER LRS
KARIYAPPA
DEAD BY HIS LRS ARE ALREADY ON RECORD AS
REPSONDENTS NO.1 TO 3
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NC: 2023:KHC:36296
RSA No. 2152 of 2021
5. SMT. CHIKKAVARADAMMA
AGED ABOUT 69 YEARS
W/O NINGAIAH
D/O KEMPAMMA
R/AT BANDIHALLI VILLAGE
HULIYURDURGA HOBLI
KUNIGAL TALUK
TUMAKURU DISTRICT - 572 123
6. SMT. NINGAMMA ALIAS CHIKKOLU
AGED 67 YEARS,
W/O CHANNAIAH
D/O KEMPAMMA
R/AT KENCHNAHALLI VILLAGE
HULIYURDURGA HOBLI
KUNIGAL TALUK
TUMAKURU DISTRICT - 572 123
7. SMT. GANGAMMA
AGED ABOUT 64 YEARS
D/O KEMPAMMA
R/AT KENCHANAHALLI VILLAGE,
HULIYURDURGA HOBLI
KUNIGAL TALUK
TUMAKURU DISTRICT - 572 123
SMT. SAKAMMA
D/O KEMPAMMA (DEAD)
8. SMT. GOWRAMMA
AGED ABOUT 59 YERAS
D/O LATE KEMPAMMA
R/AT BANDIGOWDANAPALYA VILLAGE
HULIYURDURGA HOBLI
KUNIGAL TALUK
TUMAKURU DISTRICT - 572 123
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NC: 2023:KHC:36296
RSA No. 2152 of 2021
9. SMT. HEMALATHA
AGED ABOUT 59 YEARS
D/O LATE KARIYAPPA ALIAS HAMAGIRAIAH
R/AT KENCHNAHALLI VILLAGE
HULIYURDURGA HOBLI
KUNIGAL TALUK
TUMAKURU DISTRICT - 572 123
10. SRI SURESHA
AGED ABOUT 37 YEARS,
S/O CHANNEGOWDA
R/AT KENCHANAHALLI VILLAGE
HULIYURDURGA HOBLI
KUNIGAL TALUK
TUMAKURU DISTRICT - 572 123
...RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED
16.10.2020 PASSED IN RA NO.19/2017 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JMFC, KUNIGAL AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The counsel for the appellants again seeks time to
comply with the office objections. This appeal is of the
year 2021 and this Court vide order dated 20.09.2023
observed that the counsel for the appellants seeks time
and office objections are also not complied even though
NC: 2023:KHC:36296
RSA No. 2152 of 2021
the matter is listed for third time and hence, one more
opportunity was given to comply with the office objections
and also made it clear that if office objections are not
complied, the appeal will be dismissed on the next date of
hearing. Inspite of the said order, the counsel for the
appellants has not complied the office objections.
Accordingly, the appeal is dismissed for non-compliance of
office objections.
Sd/-
JUDGE
SN
