Karnataka High Court
Sri Chinnappa vs Sri Swarnakuppa Munivenkatappa on 5 September, 2023
Bench: H.P.Sandesh
-1-
NC: 2023:KHC:31958
RSA No. 960 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.960 OF 2017 (PAR)
BETWEEN:
SRI CHINNAPPA
S/O LATE SRI NADUPANNA,
AGED ABOUT 77 YEARS,
R/O JANGAMANAHALLI VILLAGE,
BETHAMANGALA HOBLI,
BANGARPET TALUK,
KOLAR DISTRICT, PIN - 563 116
...APPELLANT
(BY SRI. V VINOD REDDY, ADVOCATE)
AND:
1. SRI SWARNAKUPPA
MUNIVENKATAPPA
DEAD BY LRS
Digitally signed 1a) SMT KANTHAMMA
by SHARANYA T W/O LATE SRI SWARNAKUPPA MUNIVENKATAPPA,
Location: HIGH AGED ABOUT 60 YEARS,
COURT OF
KARNATAKA R/O JANGAMANAHALLI VILLAGE,
BETHAMANGALA HOBLI,
BANGARPET TALUK,
KOLAR DISTRICT, PIN - 563 116
1b) SMT NARAYANAMMA
D/O LATE SRI SWARNAKUPPA MUNIVENKATAPPA,
AGED ABOUT 55 YEAQRS,
R/O MUDHEGANAHALLI,
BEGHAMANGALA HOBLI,
BANGARPET TALUK,
KOLAR DISTRICT, PIN - 563 116
-2-
NC: 2023:KHC:31958
RSA No. 960 of 2017
1c) SRI VENKATAKRISHNA
S/O SMT KANTHAMMA AND
LATE SRI SWARNAKUPPA MUNIVENKATAPPA,
AGED ABOUT 35 YEARS,
R/O JANGAMANAHALLI VILLAGE,
BETHAMANGALA HOBLI,
BANGARPET TALUK,
KOLAR DISTRICT, PIN - 563 116
1d) SRI VENKATESHAPPA
S/O LATE SRI SWARNAKUPPA MUNIVENKATAPPA,
AGED ABOUT 23 YEARS,
R/O JANGAMANAHALLI VILLAGE,
BETHAMANGALA HOBLI,
BANGARPET TALUK,
KOLAR DISTRICT, PIN - 563 116
2. SRI NYATHAPPA
S/O SRI SWARNAKUPPAM MUNIYAPPA,
AGED ABOUT 70 YEARS,
R/O JANGAMANAHALLI VILLAGE,
BETHAMANGALA HOBLI,
BANGARPET TALUK,
KOLAR DISTRICT, PIN - 563 116
3. SRI NARAYANAPPA
S/O SWARNAKUPPAM MUNIYAPPA,
AGED ABOUT A55 YEARS,
R/O JANGAMANAHALLI VILLAGE,
BETHAMANGALA HOBLI,
BANGARPET TALUK,
KOLAR DISTRICT, PIN - 563 116
4. SRI VENKATAPPA
S/O LATE NADUPANNA,
DEAD BY LRS
4a) SRI NARAYANASWAMY,
S/O LATE SRI VENKATAPPA,
AGED ABOUT 48 YEARS,
-3-
NC: 2023:KHC:31958
RSA No. 960 of 2017
4b) SRI VENKATESHA
S/O LATE SRI VENKATAPPA,
AGED ABOUT 46 YEARS,
4c) SRI MANJUNATHA
S/O LATE SRI VENKATAPPA,
AGED ABOUT 40 YEARS,
RESPONDENT Nos.4(a) TO (c) ARE
RESIDING AT
JANGAMANAHALLI VILLAGE,
BETHAMANGALA HOBLI,
BANGARPET TALUK,
KOLAR DISTRICT, PIN - 563 116
4d) SMT ANEEYAMMA
D/O LATE SRI VENKATAPPA,
AGED ABOUT 43 YEARS,
BILLERAHALLI VILLAGE,
KYASANBALLI HOBLI,
BANGARPET TALUK,
KOLAR DISTRICT
5. SRI GANTLAPPA
S/O LATE SRI NADUPANNA,
AGED ABOUT 90 YEARS,
R/O JANGAMANAHALLI VILLAGE,
BETHAMANGALA HOBLI,
BANGARPET TALUK,
KOLAR DISTRICT, PIN - 563 116
6. SRI VENKATARAMAPPA
S/O LATE SRI NADUPANNA
AGED ABOUT 65 YEARS,
PRESENTLY AT BILLERAHALLI VILLAGE
KYASANBALLI HOBLI,
BANGARPET TALUK,
KOLAR DISTRICT
7. SRI SRINIVASAPPA
S/O LATE SRI NADUPANNA
AGED ABOUT 55 YEARS,
-4-
NC: 2023:KHC:31958
RSA No. 960 of 2017
R/O JANGAMANAHALLI VILLAGE,
BETHAMANGALA HOBLI,
BANGARPET TALUK,
KOLAR DISTRICT, PIN - 563 116
...RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 10.11.2016
PASSED IN RA NO.45/2000 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND PRL. JMFC., K.G.F., ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
20.03.2000 PASSED IN OS NO.512/89 ON THE FILE OF THE
PRL. CIVIL JUDGE (JR.DN.) AND ADDITIONAL JMFC, K.G.F.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This appeal is of the year 2017 and this Court ordered to
pay PF on 3.2.2023 when the counsel made submission that he
would furnish PF during the course of the day and also passed
an order, if PF furnished, issue notice to the respondents. But,
till date, PF not paid and notice is also not issued and hence, no
ground to once again grant time. Even from last six years no
proper steps has been taken.
NC: 2023:KHC:31958
RSA No. 960 of 2017
Hence, the appeal is dismissed for non payment of
Process Fee.
Sd/-
JUDGE
AP
