Karnataka High Court
Bheemanna vs Smt Venkata Lakshmamma on 8 January, 2024
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NC: 2024:KHC-D:341
RSA No. 1140 of 2008
C/W RSA No. 1139 of 2008
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R.NATARAJ
REGULAR SECOND APPEAL NO.1140/2008
C/W
REGULAR SECOND APPEAL NO.1139/2008
IN RSA NO.1140/2008:
BETWEEN:
BHEEMANNA
S/O. LATE PAKEERAPPA,
AGED 61 YEARS,
OCC: RETIRED II DVN SDA,
R/O: MOKA ROAD, GANDHINAGAR,
BELLARY.
...APPELLANT
(BY SRI V. SHIVARAJ HIREMATH, ADVOCATE)
AND:
1. SMT. VENKATA LAKSHMAMMA,
Digitally W/O. NARASIMHULU,
signed by POWER OF ATTORNEY HOLDER NARASIMHULU,
ROHAN
HADIMANI S/O. NAGAPPA, AGE: 68 YEARS, HINDU,
T OCC: RETIRED HEAD CONSTABLE,
R/O: GANDHINAGAR, BELLARY.
2. SREENIVASULU K,
S/O. LATE VENKATA KONDAIAH,
SINCE DECEASED BY HIS
LEGAL REPRESENTATIVES.
2A. SMT. SUBBAMMA @ LAKSHMI,
W/O. LATE SRINIVASULU,
AGE: MAJOR.
2B. VIJAYA BABU
S/O LATE SRINIVASULU,
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NC: 2024:KHC-D:341
RSA No. 1140 of 2008
C/W RSA No. 1139 of 2008
AGE: MAJOR.
2C. INDU D/O. LATE SRINIVASULU,
AGE: MAJOR.
ALL ARE RES.NOS.2(A) TO (C) ARE
R/O: D.NO.37, WARD NO.18,
GANDHI NAGAR,
MAIN ROAD, MOKA ROAD,
BELLARY.
3. CHALAPATHI FATHERS NAME NOT KNOWN,
AGE: MAJOR,
SINCE DECEASED BY HIS
LEGAL REPRESENTATIVES.
3A. SMT. VASANTHAMMA
W/O. LATE CHALAPATHY,
AGE: 55 YEARS.
3B. K. NAGESH KUMAR,
S/O. LATE CHALAPATHY,
AGED 30 YEARS.
3C. K. MAHESH KUMAR,
S/O. LATE CHALAPATHY,
AGED 28 YEARS,
RESPONDENT NOS. 3A TO 3C
R/O.D.NO.34, WARD NO.18, GANDHINAGAR,
MOKA ROAD, BELLARY.
4. THE CITY MUNICIPAL COUNCIL,
BELLARY, REPREESENTED BY ITS MUNICIPAL
COMMISSIONER, BELLARY.
...RESPONDENTS
(BY SRI S.G.KADDAKATTI, ADVOCATE FOR R1;
SRI T. HANUMAREDDY, ADVOCATE FOR R2(A TO C);
SRI C.V.ANGADI, ADVOCATE FOR R4;
NOTICE TO R3(A), R3(B), R3(C) ARE SERVED)
THIS RSA FILED UNDER SECTION 100 CPC, AGAINST THE
JUDGMENT AND DECREE DATED 31.01.2008 PASSED IN
R.A.NO.14/1996 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE
(SR.DVN.), BELLARY, ALLOWING THE APPEAL AND REVERSING THE
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NC: 2024:KHC-D:341
RSA No. 1140 of 2008
C/W RSA No. 1139 of 2008
JUDGMENT AND DECREE DATED 31.10.1995 PASSED IN
O.S.NO.546/1986 ON THE FILE OF THE ADDL. MUNSIFF AND JMFC,
BELLARY.
IN RSA NO.1139/2008:
BETWEEN:
SIDDAPPA
S/O. HANUMANTHAPPA
SINCE DECEASED BY HIS LR,
SMT. DURGAMMA W/O. BHEEMANNA,
D/O. LATE SIDDAPPA, MAJOR, TEACHER,
MOKA ROAD,
BELLARY - 085 103
...APPELLANT
(BY SRI V. SHIVARAJ HIREMATH, ADVOCATE)
AND:
SMT. VENKATA LAKSHMAMMA
W/O. NARASIMHULU,
POWER OF ATTORNEY HOLDER NARASIMHULU,
S/O. NAGAPPA,
68 YEARS, HINDU RETIRED HEAD CONSTABLE,
R/O: GANDHINAGAR,
BELLARY - 085 103.
...RESPONDENT
(BY SRI S.G.KADADAKATTI, ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 31.01.2008 PASSED IN
R.A.NO.44/1995 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE
(SR.DVN.) BELLARY, ALLOWING THE APPEAL AND REVERSING THE
JUDGMENT AND DECREE DATED 30.10.1995 PASSED IN
O.S.NO.543/1986 ON THE FILE OF THE ADDITIONAL MUNSIFF AND
JMFC, BELLARY.
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NC: 2024:KHC-D:341
RSA No. 1140 of 2008
C/W RSA No. 1139 of 2008
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
ORDER
The deceased respondent No.1 is stated to have expired
and despite an order dated 12.09.2023 permitting the appellant
to bring the legal representatives of the deceased respondent
No.1. No steps are taken till today.
Consequently, the appeal against the deceased
respondent No.1 is abated. Since the decree is composite in
nature, the abatement of appeal against respondent No.1
should result in the abatement of the appeals in its entirety.
Consequently, these appeals are disposed off as having
abated.
SD/-
JUDGE
PMP
CT-ASC
