Karnataka High Court
Sri M Srirama Reddy vs Sri Doddavenkataramanna on 6 February, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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RSA No. 392 of 2008
C/W RSA No. 393 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 392 OF 2008 (DEC)
C/W
REGULAR SECOND APPEAL NO. 393 OF 2008 (DEC)
IN R.S.A.No.392/2008:
BETWEEN:
1. SRI M. SRIRAMA REDDY
S/O LATE SRI MUNISHAMI
AGED ABOUT 69 YEARS
R/AT PANASACHOWDANAHALLI VILLAGE
KASABA HOBLI, CHINTHAMANI TALUK
CHIKKABALLAPURA DISTRICT-563125.
...APPELLANT
(BY SRI. NARASIMHA RAJU &
SRI S.CHOKKA REDDY, ADVOCATES [ABSENT])
AND:
Digitally signed
by SHARANYA T
Location: HIGH 1. SRI DODDAVENKATARAMANNA
COURT OF DEAD DIED BY LRS
KARNATAKA
1(a) SMT. NARAYANAMMA
W/O LATE SRI DODDAVENKATARAMANNA
AGED ABOUT 79 YEARS
1(b) SRI NARAYANAPPA
S/O LATE SRI DODDAVENKATARAMANNA
AGED ABOUT 59 YEARS
1(c) SRI ANJAPPA
S/O LATE SRI DODDAVENKATARAMANNA
AGED ABOUT 50 YEARS
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RSA No. 392 of 2008
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1(d) SRI VENKATESHAPPA
S/O LATE DODDAVENKATARAMANNA
AGED ABOUT 44 YEARS
RESPONDENT NO.1(a) TO 1(d) ARE
RESIDENT OF PANASACHOWDANAHALLI VILLAGE
KASABA HOBLI, CHINTHAMANI TALUK
CHIKKABALLAPURA DISTRICT.
1(e) SMT. MANGAMMA
D/O LATE DODDAVENKATARAMANAPPA &
LATE NARAYANAMMA
AGED ABOUT 55 YEARS
R/AT KURUBURU, CHINTHAMANI TALUK
CHIKKABALLAPURA DISTRICT.
1(f) SMT.VENKATALAKSHAMMA
D/O LATE DODDAVENKATARAMANAPPA &
LATE NARAYANAMMA
AGED ABOUT 53 YEARS
R/AT UPPAKUNTE
SRINIVASAPURA TALUK
KOLAR DISTRICT.
2. SRI CHIKKAVENKATARAMANNA
DEAD BY LRS
2(a) SMT.MUNEMMA
W/O LATE CHIKKAVENKATARAMANNA
AGED ABOUT 69 YEARS
2(b) SRI MUNIVENKATAPPA
S/O LATE SRI CHIKKAVENKATARAMANNA
AGED ABOUT 52 YEARS
2(c) SRI NARAYANASWAMY
S/O LATE SRI CHIKKAVENKATARAMANNA
AGED ABOUT 49 YEARS
2(d) SRI VENKATAPPA
S/O LATE SRI CHIKKAVENKATARAMANNA
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RSA No. 392 of 2008
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AGED ABOUT 34 YEARS
2(e) SRI VENKATARAVANA
S/O LATE SRI CHIKKAVENKATARAMANNA
AGED ABOUT 32 YEARS
RESPONDENTS NO.2(a) TO 2(e) ARE
RESIDENT OF PANASACHOWDANAHALLI VILLAGE
KASABA HOBLI, CHINTHAMANI TALUK
CHIKKABALLAPURA DISTRICT.
...RESPONDENTS
[BY SRI. VEERANNA G. TIGADI, ADVOCATE FOR R1(b - f),
R2 (a - e); R1 (b, c, d) ARE LRS OF R1(a);
SRI N.S.SHESHADRI, ADVOCATE FOR R1(c)]
THIS RSA IS FILED U/S.100 OF CPC AGAINST THE
JUDGMENT AND DECREE DT.9.10.2007 PASSED IN
R.A.NO.288/2005 ON THE FILE OF THE PRESIDING OFFICER,
FRTC-III, KOLAR, PARTLY ALLOWING THE APPEAL FILED
AGAINST THE JUDGMENT AND DECREE DT.28.7.2005 PASSED
IN O.S.NO.17/98 ON THE FILE OF THE CIVIL JUDGE (JR.DN),
AND JMFC, SRINIVASPUR.TRIAL COURT DISMISSED THE
SUITAPPELLATE COURT PARTLY ALLOWEDTHE APPEAL.
IN R.S.A.No.393/2008:
BETWEEN:
1. SRI M. SRIRAMA REDDY
SINCE DEAD BY HIS LRS
1(a) SMT. CHIKKALAKSHMAMMA
W/O SRIRAM REDDY
AGED ABOUT 76 YEARS
1(b) SMT.NAGARATHNAMMA
D/O LATE M.SRIRAM REDDY
AGED ABOUT 56 YEARS
1(c) SRI S.RAJAGOPALAREDDY
S/O LATE M.SRIRAM REDDY
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AGED ABOUT 53 YEARS
1(d) S.SOMASHEKARAREDDY
S/O LATE M.SRIRAM REDDY
AGED ABOUT 51 YEARS
1(e) S.SRINIVASAREDDY
S/O LATE M.SRIRAM REDDY
AGED ABOUT 51 YEARS
1(f) S.BHAGYAMMA
D/O LATE M.SRIRAM REDDY
AGED ABOUT 39 YEARS
1(g) S.LALITHAMMA
D/O LATE M.SRIRAM REDDY
AGED ABOUT 39 YEARS
1(h) SRI LAKSHMINARAYANA REDDY
S/O LATE M.SRIRAM REDDY
AGED ABOUT 66 YEARS
1(j) DODDALAKSHAMMA
W/O LATE M.SRIRAM REDDY
AGED ABOUT 87 YEARS
1(a) AND (j) ARE WIVES AND
1(b) TO (h) ARE DAUGHTERS AND
SONS OF LATE M.SRIRAM REDDY
AND RESIDENTS OF
PANASACHOWDENAHALLI VILLAGE
KASABA HOBLI, CHINTHAMANI TALUK
CHIKKABALLAPURA DISTRICT.
...APPELLANTS
(BY SRI. NARASIMHA RAJU, ADVOCATES [ABSENT])
AND:
1. SRI E. ANJINAPPA
S/O SRI DODDAVENKATARAMANNA
AGED ABOUT 55 YEARS
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RSA No. 392 of 2008
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R/AT PANACHOWDANAHALLI VILLAGE,
KASABA HOBLI, CHINTHAMANI TALUK,
CHIKKABALLAPUR DISTRICT.
2. SRI CHIKKAVENKATARAMANNA
SINCE DEAD BY LRS
2(a) SMT. MUNIYAMMA
W/O LATE CHIKKA VENKATARAMAPPA
AGED ABOUT 80 YEARS
2(b) SRI MUNIVENKATAPPA
S/O LATE CHIKKA VENKATARAMAPPA
AGED ABOUT 60 YEARS
2(c) SRI NARAYANASWAMY
S/O LATE CHIKKA VENKATARAMAPPA
AGED ABOUT 60 YEARS
2(d) SRI VENKATAPPA
S/O LATE CHIKKA VENKATARAMAPPA
AGED ABOUT 48 YEARS
2(e) SRI VENKATARAVANA
S/O LATE CHIKKA VENKATARAMAPPA
AGED ABOUT 45 YEARS
2(f) SRI VENKATESH
S/O LATE CHIKKA VENKATARAMAPPA
AGED ABOUT 42 YEARS
3. SRI CHIKKA VENKATARAYAPPA
S/O SRI MUNISHAMI
SINCE DEAD BY HIS LRS
3(a) SMT.GANGAMMA
W/O LATE CHIKKAVENKATARAYAPPA
AGED ABOUT 60 YEARS
3(b) SRI SHIVANNA
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S/O LATE CHIKKAVENKATARAYAPPA
AGED ABOUT 45 YEARS
3(c) SRI SHANKRAPPA
S/O LATE CHIKKAVENKATARAYAPPA
AGED ABOUT 43 YEARS
3(d) SRI ANAND
S/O LATE CHIKKAVENKATARAYAPPA
AGED ABOUT 38 YEARS
3(e) SMT. LAKSHMIDEVAMMA
W/O LATE GOPALAKRISHNA
D/O LATE CHIKKAVENKATARAYAPPA
AGED ABOUT 38 YEARS
3(f) NAGAMANI
D/O LATE CHIKKAVENKATARAYAPPA
AGED ABOUT 18 YEARS
ALL ARE RESIDING AT
PANASACHOWDANAHALLI
KASABA HOBLI
CHINTHAMANI TALUK
CHIKKABALLAPURA DISTRICT.
3(g) SMT. RAMADEVI
W/O NARAYANASWAMY
D/O LATE CHIKKAVENKATARAYAPPA
R/AT VAIJAKURU (V)
CHINTHAMANI TALUK
CHIKKABALLAPURA DISTRICT.
3(h) LAKSHMIDEVI
W/O LATE MAHESH
D/O LATE CHIKKAVENKATARAYAPPA
R/AT CHOKKAREDDYHALLI VILLAGE
CHINTHAMANI TALUK
CHIKKABALLAPURA DISTRICT.
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4. SRI NARAYANASWAMY
S/O SRI MUNISHAMI
AGED ABOUT 49 YEARS,
5. SRI THIMMAIAH
S/O MUNISWAMAPPA
AGED ABOUT 55 YEARS,
6. SRI DODDABALAPPA
SINCE DEAD BY LRS
6(a) SRI VENKATARAVANAPPA
S/O LATE DODDAOBALAPPA
AGED ABOUT 55 YEARS
6(b) SRI UTHAPPA
S/O LATE DODDAOBALAPPA,
AGED ABOUT 49 YEARS
7. SRI NARAYANAPPA
S/O DODDAVENKATARAMANNA
AGED ABOUT 68 YEARS
8. SRI VENKATESHAPPA
S/O SRI DODDAVENKATARAMANNA
AGED ABOUT 55 YEARS
9. SMT. NARAYANAMMA
W/O DODDAVENKATARAMAPPA
SINDE DEAD BY HER LRS
9(a) SMT.MANGAMMA
D/O DODDAVENKATARAMAPPA
AND LATE NARAYANAMMA
AGED ABOUT 55 YEARS
R/AT KURUBURU
CHINTHAMANI TALUK
CHIKKABALLAPURA DISTRICT.
9(b) SMT. VENKATALAKSHAMMA
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D/O LATE DODDAVENKATARAMANAPPA
AND LATE NARAYANAMMA
AGED ABOUT 43 YEARS
R/AT UPPAKUNTE
SRINIVASAPURA TALUK
KOLAR DISTRICT.
10. SMT. NAGAMMA
D/O LATE DODDA OBALAPPA
AGED ABOUT 60 YEARS
11 . SRI ANJINAPPA
S/O LATE CHIKKAVENKATARAMAPPA
AGED ABOUT 55 YEARS
12 . SRI SHIVANNA
S/O LATE DODDA OBALAPPA
AGED ABOUT 65 YEARS
ALL ARE RESIDENTS OF
PANASACHOWDANAHALLI VILLAGE
KASABA HOBLI, CHINTHAMANI TALUK,
CHIKKABALLAPUR DISTRICT.
...RESPONDENTS
[BY SRI VEERANNA G. TIGADI, ADVOCATE FOR R1,
R2(a - f), R7 TO R8, R9(a);
SMT. S.SUSHEELA & SMT. DIVYA K., ADVOCATES FOR
R1, R3(a - h), R4, R5, R6 (a & b), R10, R9(b),
R11, R12 -SERVED;
SRI N.S.SHESHADRI, ADVOCATE FOR R1, R3 (f, g & h)
NAMES NOT FOUND IN LR APPLICATION]
THIS RSA IS FILED U/S.100 OF CPC AGAINST THE
JUDGMENT AND DECREE DT.9.10.2007 PASSED IN
R.A.NO.302/2005 ON THE FILE OF THE PRESIDING OFFICER,
FRTC-III, KOLAR, PARTLY ALLOWING THE APPEAL FILED
AGAINST THE JUDGMENT AND DECREE DT.28.7.2005 PASSED
IN O.S.NO.238/97 ON THE FILE OF THE CIVIL JUDGE (JR.DN),
AND JMFC, SRINIVASPUR.
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THESE APPEALS COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This court vide order dated 22.01.2024 took note of
the earlier order that appellant is liable to pay costs of
Rs.5,000/- and also that the paper book is not filed till
date, once again on 20.03.2023, imposed costs of
Rs.5,000/-, since paper book is not filed within three
weeks. Inspite of two orders, till date the counsel for the
appellant has neither filed the paper book nor paid the
costs as directed within one week.
2. Even after lapse of 11 months, the counsel has
not paid the costs and also not filed the paper books and
the learned counsel sought further time to pay the costs
as well as to file the paper book. In view of the submission
made, another one week time was granted to pay the
costs and two weeks time was granted to file the paper
books. Inspite of grant of time, costs have not been paid
and also paper books are not filed. It was also made clear
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in the earlier order itself that if costs are not paid within
one week and if paper book is not filed within two weeks,
the appeal will be dismissed. Inspite of the same, neither
the costs have been paid within one week nor paper book
is filed within two weeks as ordered by this court.
3. When the matter is called out in the morning,
there was no representation and also when the matter was
taken up post lunch, none represented on behalf of the
appellant.
4. In view of non payment of costs and non filing
of papers book, the appeal is dismissed.
Sd/-
JUDGE
SS
