Karnataka High Court
Smt.Radhamma vs S S Puttappa on 19 September, 2023
Bench: V Srishananda
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NC: 2023:KHC:33888
RFA No. 1283 of 2005
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 1283 OF 2005
BETWEEN:
1. SMT. RADHAMMA
W/O LATE SRI LAXMANAPPA
AGED ABOUT 56 YEARS,
2. NANJUNDESHWARA
S/O LATE SRI LAXMANAPPA
AGED ABOUT 32 YEARS
BOTH ARE AGRICULTURIST
R/O 1ST CROSS, DURGIGUDI
SHIMOGA DISTRICT - 577 201.
...APPELLANTS
(BY SRI V.B.SHIVAKUMAR, ADVOCATE)
Digitally AND:
signed by
MALATESH
KC
Location: 1. S.S.PUTTAPPA
HIGH S/O S.S.SANNAPPA
COURT OF
KARNATAKA AGED ABOUT 71 YEARS,
2. SMT. SHARADAMMA
W/O S.S.PUTTAPPA
AGED ABOUT 61 YEARS,
3. PRABHAKARA
S/O S.S.PUTTAPPA
AGED ABOUT 42 YEARS,
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RFA No. 1283 of 2005
4. SUDHAKARA
S/O S.S.PUTTAPPA
AGED ABOUT 40 YEARS,
ALL ARE AGRICULTURISTS
R/O 1ST CROSS, DURGIGUDI
SHIMOGA DISTRICT - 577 201.
5. SHANTHAVEERAPPA
S/O LATE NANJAPPA
MAJOR
AGRICULTURIST
RESIDING OPP.APOORVA MEDICALS
OLD BARLINE ROAD
SSHIMOGA - 577 201.
6. VEERAIAH
S/O SIDDAIAH
MAJOR
AGRICULTURIST
R/O PURIE VILLAGE
SHIMOGA TALUK - 577 201.
7. CHANDRASHEKHARA
S/O KADA BHAT
MAJOR
AGRICULTURIST & CANTEEN OWNER
RESIDING OPP. MARIYAMMA TEMPLE
KOTE ROAD, SHIMOGA - 577 201.
8. SMT. GANGAMMA
SINCE DECEASED BY HER LR'S
8(A) SRI GOPALAKRISHNA H.,
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RFA No. 1283 of 2005
AGED ABOUT 62 YEARS
S/O LATE HANUANTHAPPA AND
GANGAMMA
UPPAR BEEDI, KRISHNA NILAYA
HOLE HONNURU
BHADRAVATHI TALUK
SHIMOGA DISTRICT - 577 227.
8(B) SRI RAMESHA H.,
AGED ABOUT 60 YEARS
S/O LATE HANUMANTHAPPA AND
GANGAMMA
UPPAR BEEDI, KRISHNA NILAYA
HOLE HONNURU
BHADRAVATHI TALUK
SHIMOGA DISTRICT - 577 227.
8(C) SRI NAGARAJA H.,
AGED ABOUT 58 YEARS
S/O LATE HANUMANTHAPPA AND
GANGAMMA
HOLE HONNURU
BHADRAVATHI TALUK
SHIMOGA DISTRICT - 577 227.
9. NARAYANA
S/O LATE SRI LAXMANAPPA
AGED ABOUT 38 YEARS
AGRICULTURIST
R/O 1ST CROSS, DURGIGUDI
SHIMOGA DISTRICT - 577 201.
...RESPONDENTS
(BY SRI R. GOPAL, ADVOCATE FOR R1-R4;
SRI VARADARAJ R.HAVALDAR, ADVOCATE FOR R6 AND R7;
SRI B.S.UMESH, ADVOCATE FOR PROPOSED R5(A);
R8 (C) IS SERVED)
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RFA No. 1283 of 2005
RFA IS FILED U/S.96 OF CPC., AGAINST THE JUDGMENT
AND DECREE DATED 19.07.2005 PASSED IN O.S.NO.185/99
ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) AND CJM,
SHIMOGA, PARTLY DECREEING THE SUIT OF THE APPELLANTS
AND 9TH RESPONDENT HEREIN BY ENTITLING THEM FOR THEIR
HALF SHARE IN THE SUIT ITEM NO.5 OF 'B' SCHEDULE
PROPERTY AND DISMISSING THE RELIEF IN RESPECT OF
OTHER 'B' SCHEDULE ITEM NO.1 TO 4 AND ITEMS NO.6 TO 11
PROPERTIES AND 'A' SCHEDULE PROPERTY.
THIS REGULAR FIRST APPEAL, COMING ON FOR ORDERS,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Case is called twice. None present on behalf of the
appellants. Amendment not carried out in respect of deceased
respondent No.5 and amended appeal memo is also not filed.
2. Memo filed on 15.09.2023 by the learned counsel for
respondent Nos.2 to 4 reporting the death of respondent No.5
is taken on record.
3. Appeal is dismissed for non-prosecution.
Sd/-
JUDGE
NVJ/RMS
