Sri Kalappa vs Sri Kempaiah
2024 Latest Caselaw 18794 Kant

Karnataka High Court

Sri Kalappa vs Sri Kempaiah on 26 July, 2024

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                  NC: 2024:KHC:30009
                                                RSA No. 2035 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. 2035 OF 2012
            BETWEEN:

            1.    SRI. KALAPPA,
                  S/O LATE SONNAIAH,
                  AGED ABOUT 48 YEARS

            2.    SRI. ANIL KUMAR,
                  AGED ABOUT 28 YEARS,
                  S/O LATE KRISHNAPPA

            3.    KUM. BHAVYA
                  D/O LATE KRISHNAPPA,
                  AGED ABOUT 25 YEARS.

                  PETITIONERS NO.1 TO 3 ARE
Digitally         RESIDING AT AEHALLIGUDDADA
signed by
MALATESH          HALLI VILLAGE, KASABA HOBLI,
KC                DODDABALLAPURA TALUK,
Location:         BANGALORE RURAL DISTRICT 561 203.
HIGH
COURT OF
KARNATAKA
            4.    SMT. LAKSHMAMMA
                  D/O LATE SONNAIAH,
                  AGED ABOUT 38 YEARS,
                  RESIDING AT KOIRA VILLAGE,
                  KUNDANA HOBLI,
                  DEVANAHALLI TALUK,
                  BANGALORE RURAL DISTRICT 561 202.
                                                        ...APPELLANTS
            (BY SRI. KISHOR KUMAR, ADVOCATE (ABSENT))
                              -2-
                                      NC: 2024:KHC:30009
                                    RSA No. 2035 of 2012




AND:

1.   SRI. KEMPAIAH
     S/O LATE DODDANJINAPPA,
     AGED ABOUT 53 YEARS

2.   SRI. MUNIYAPPA
     S/O LATE DODDANJINAPPA,
     AGED ABOUT 71 YEARS

3.   SRI. RAMACHANDRAPPA
     S/O LATE NANJUNDAPPA,
     AGED ABOUT 58 YEARS

     RESPONDENTS NO.1 TO 3
     ARE RESIDING AT
     AREHALLIGUDDADA
     HALLI VILLAGE, KASABA HOBLI,
     DODDABALLAPURA TALUK,
     BANGALORE RURAL DISTRICT 561 203.

4.   SMT. BHAGYAMMA
     D/O LATE KRISHNAPPA,
     AGED ABOUT 33 YEARS,
     RESIDING AT VARADANAHALLI VILLAGE,
     BHASETTIHALLI POST,
     KASABA HOBLI,
     DODDABALLAPURA TALUK,
     BANGALORE RURAL DISTRICT 561 203.
                                          ...RESPONDENTS
(BY SRI. S.K. NAGARATHNA &
    SMT. VIJAYA N., ADVOCATES FOR C/R1 & R2;
    R3 SERVED;
    V/O DATED 16.07.2024, APPEAL STANDS
    DISMISSED AS AGAINST R4)
                                    -3-
                                                 NC: 2024:KHC:30009
                                              RSA No. 2035 of 2012




       THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT         &      DECREE   DATED     27.8.2012    PASSED   IN
R.A.NO.34/2009 ON THE FILE OF PRESIDING OFFICER, FAST
TRACK COURT, DODDABALLAPURA, ALLOWING THE APPEAL
AND SETTING ASIDE            THE JUDGEMENT AND DECREE DATED
9.2.2009 PASSED IN OS.N.162/2001                 ON THE FILE OF
PRINCIPAL         CIVIL      JUDGE        (JR.DN.)      AND   JMFC,
DODDABALLAPUR.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:       HON'BLE MR JUSTICE V SRISHANANDA


                           ORAL JUDGMENT

This Court by order dated 16.07.2024, granted

week's time finally to file the paper books. The said order

is not complied. Appeal is of the year 2012 and appeal

came to be admitted on 13.11.2013. Since, the paper

books are not filed till today, appeal stands dismissed for

non-prosecution.

Sd/-

JUDGE

LDC