Sri Bangi Muniyappa S/O Narappa vs Sri Bangi Nandi Basappa S/O Narappa
2024 Latest Caselaw 18786 Kant

Karnataka High Court

Sri Bangi Muniyappa S/O Narappa vs Sri Bangi Nandi Basappa S/O Narappa on 26 July, 2024

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                   NC: 2024:KHC:30336
                                                 RSA No. 1297 of 2012




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 26TH DAY OF JULY, 2024

                                     BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                    REGULAR SECOND APPEAL NO. 1297 OF 2012
            BETWEEN:

            1.    SRI BANGI MUNIYAPPA
                  S/O NARAPPA
                  AGED ABOUT 62 YEARS.

            2.    SRI. BANGI BANNEPPA
                  S/O NARAPPA,
                  AGED ABOUT 60 YEARS,

            3.    SRI. BANGI BASAVANNEPPA,
                  S/O NARAPPA,
                  AGED ABOUT 56 YEARS,

                  ALL ARE AGRICULTURISTS,
Digitally         R/O KADABAGERI VILLAGE,
signed by         HARAPANAHALLI TALUK,
MALATESH          DAVANAGERE DISTRICT 583 127.
KC
Location:
HIGH              APPELLANTS 1 AND 3 ARE
COURT OF          REPRESENTED BY THEIR POWER OF ATTORNEY THE
KARNATAKA
                  SECOND APPELLANT.
                                                      ...APPELLANTS
            (BY SRI. P CHANDRASHEKAR., ADVOCATE (ABSENT)

            AND:

            1.      SRI. BANGI NANDI BASAPPA
                    S/O NARAPPA,
                            -2-
                                        NC: 2024:KHC:30336
                                      RSA No. 1297 of 2012




        AGED ABOUT 65 YEARS,
        OCC: AGRICULTURIST
        R/O KADABAGERI VILLAGE,
        HARAPANAHALLI TALUK 583 127
        DAVANAGERE DISTRICT,

        HE DIED DURING THE PENDENCY OF FDP
        PROCEEDINGS.

1(A). SMT. NINGAMMA
      D/O. NANDIBASAPPA,
      AGED ABOUT 65 YEARS,

1(B). SRI. B. NAGANNA
      S/O. NANDIBASAPPA,
      AGED ABOUT 40 YEARS,

1(C). SRI. B HALESHAPPA
      S/O NANDIBASAPPA,
      AGED ABOUT 38 YEARS,

1(D). SRI. B HANUMANTHAPPA
      S/O. NANDIBASAPPA,
      AGED ABOUT 34 YEARS,

1(E).   SRI. B. SIDDAPPA
        S/O. NANDIBASAPPA,
        AGED ABOUT 32 YEARS,

1(F).   SRI. B. SHIVAKUMAR
        S/O. NANDIBASAPPA,
        AGED ABOUT 30 YEARS,
                               -3-
                                               NC: 2024:KHC:30336
                                         RSA No. 1297 of 2012




      ALL ARE R/AT KADABAGERI VILLAGE,
      HARAPANAHALLI TALUK,
      DAVANAGERE DISTRICT 583 127.
                                                  ...RESPONDENTS
R1(A) SERVED;
R1(C), R1(D), R1(E) ARE SERVED, V/O DATED 11.07.2024
APPEALS STANDS DISMISSED AS AGAINST R1(B AND F)

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 17.07.2008 PASSED IN
R.A.NO.38/2004 ON THE FILE OF THE CIVIL JUDGE(SR.DN.),
HARIHAR,    ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGMENT     AND   DECREE     DATED     16.8.2004      PASSED   IN
O.S.NO.107/1998 ON THE FILE OF THE CIVIL JUDGE (JR.DN) &
JMFC., HARAPANAHALLI.

     THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS

DAY, ORDER WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE V SRISHANANDA




                     ORAL JUDGMENT

None present on behalf of the appellant.

I.A.No.3/2012, I.A.No.4/2012, I.A.No.5/2012 are filed to

bring the legal representatives of deceased respondent.

2. There is a delay of 828 days.

NC: 2024:KHC:30336

3. Proposed LRs of respondent are served and

un-represented.

4. Since all the legal representatives of deceased

respondent are not brought on record appeal is dismissed

for non-prosecution.

Sd/-

(V SRISHANANDA) JUDGE

LDC