Sonnappa vs Dodda Muniyappa
2024 Latest Caselaw 3553 Kant

Karnataka High Court

Sonnappa vs Dodda Muniyappa on 6 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                               -1-
                                                             NC: 2024:KHC:5106
                                                         RSA No. 2488 of 2007




                        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. 2488 OF 2007 (INJ)

                   BETWEEN:

                   1.    SONNAPPA
                         S/O LATE VENKATAPPA
                         AGED ABOUT 69 YEARS,
                         R/AT NAGADASANAHALLI
                         CHIKKNAYAKANAHALLI POST,
                         YELAHANKA HOBLI,
                         BANGALORE NORTH TALUK-562157.
                                                                   ...APPELLANT
                                  (BY SRI. S.B. HALLI, ADVOCATE)
                   AND:

                   1.    DODDA MUNIYAPPA
                         SINCE DEAD BY LRS
Digitally signed         D.V.RAMANJANAIAH
by SHARANYA T
                         S/O LATE DODDAMUNIYAPPA
Location: HIGH
COURT OF                 MAJOR, R/AT VISHWANATHAPURA,
KARNATAKA                KUNDANA HOBLI
                         DEVANAHALLI TALUK-560089.

                   2.    CHIKKAMUNIYAPPA S/O LATE POOJAPPA
                         MAJOR, R/O VISHWANTHAPURA,
                         KUNDANA HOBLI,
                         DEVANAHALLI TALUK-560089.

                   3.    P. SONNAIAH S/O LATE POOJAPPA
                         MAJOR, R/O VISHWANTHAPURA,
                         KUNDANA HOBLI,
                         DEVANAHALLI TALUK-560089..
                              -2-
                                             NC: 2024:KHC:5106
                                         RSA No. 2488 of 2007




4.   THE SECRETARY
     VISHWANATHAPURA GRAMA PANCYHAYATH
     VISHWANATHAPURA,
     DEVANAHALLI TALUK,
     BANGALORE RURAL DISTRICT-560089.
                                      ...RESPONDENTS

               (VIDE ORDER DATED 13.07.2023,
                 APPEAL AGAINST R1 ABATED;
                VIDE ORDER DATED 17.04.2021
          APPEAL AGAINST R2, R3 OBATED; R4-SERVED)

     THIS RSA IS FILED U/S 100 OF CPC AGAINST THE
JUDGEMENT AND DECREE DATED 20.06.2007 PASSED IN
R.A.NO.68/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN.)
AND JMFC, DEVANAHALLI, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGEMENT AND DECREE DATED
10.08.2005 PASSED IN O.S.NO.589/1994 ON THE FILE OF THE
CIVIL JUDGE (JR.DN.) AND JMFC., DEVANAHALLI, DISMISSING
THE SUIT FOR PERMANENT INJUNCTION.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

The learned counsel for the appellant seeks time.

2. The appeal is already abated against

respondent Nos.1, 2 and 3, since the counsel for appellant

has not taken steps. The respondent No.4 is also served

and unrepresented. Nothing is their to decide in the appeal

NC: 2024:KHC:5106

in view of the abatement of appeal against respondents.

Hence, the appeal is dismissed.

Sd/-

JUDGE

RHS