Smt Gangamma Since Dead By Lrs vs Sri Mallikarjun
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Karnataka High Court

Smt Gangamma Since Dead By Lrs vs Sri Mallikarjun on 3 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                          -1-
                                                      NC: 2024:KHC:18894
                                                  RSA No. 1462 of 2012




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 3RD DAY OF JUNE, 2024

                                      BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                 REGULAR SECOND APPEAL NO. 1462 OF 2012 (DEC)
            BETWEEN:

                    SMT. GANGAMMA,
                    SINCE DEAD BY LR'S,

            1.      SRI. BASAVALINGAPPA,
                    S/O LATE SHIVANNA,
                    AGED ABOUT 63 YEARS,
                    R/O ANAGONDANAHALLI,
                    KASABA HOBLI, TIPTUR TALUK,
                    TUMKUR DISTRICT - 572 201.

            2.      SRI. JADIYAPPA SHIVANNA,
                    H/O SMT. LATE GANGAMMA,
                    SINCE DEAD BY LR'S,

            2(A). SRI. BASAVARAJU,
                  S/O LATE GANGAMMA,
Digitally         AGED ABOUT 65 YEARS,
signed by
MALATESH
KC          2(B). SMT. DAKSHAYANAMMA,
Location:         D/O LATE GANGAMMA,
HIGH              AGED ABOUT 57 YEARS,
COURT OF
KARNATAKA
            2(C). SRI. JAYAMURTHY,
                  S/O LATE GANGAMMA,
                  AGED ABOUT 52 YEARS,

                    RESPONDENTS 2(A), 2(B) AND 2(C)
                    ARE R/AT BELAGARAHALLI,
                    KASABA HOBLI, TIPTUR TALUK,
                    TUMKUR DISTRICT - 572 201.
                             -2-
                                       NC: 2024:KHC:18894
                                     RSA No. 1462 of 2012




3.     SMT. RAMAKKA,
       D/O LAKSHMAMMA,
       AGED ABOUT 70 YEARS,
       R/O KERAGODI VILLAGE,
       KASABA HOBLI, TIPTUR TALUK,
       TUMKUR DISTRICT - 572 201.

4.     SMT. SHIVANANJAMMA,
       W/O SHANKARALINGAPPA,
       SINCE DEAD BY HER LR'S
       RESPONDENT NO. 1 AND 2.
                                            ...APPELLANTS
(BY SRI. VINAYA KEERTHY, ADVOCATE AND
    SRI. M. SHARATH KUMAR, ADVOCATE FOR
    LR'S OF DECEASED A1, A2(A), A2(B) (ABSENT);
    SMT. DAKSHAYANAMMA, ADVOCATE FOR A2(C),
    A3 AND A4 (ABSENT))

AND:

1.   SRI. MALLIKARJUN,
     S/O KAREGOWDANA SHIVALINGAPPA,
     AGED ABOUT 54 YEARS,

2.   SRI. SHIVAPPA,
     S/O KAREGOWDANA SHIVALINGAPPA,
     AGED ABOUT 52 YEARS,

     BOTH ARE R/AT HOGAVANAGHATTA,
     KASABA HOBLI, TIPTUR TALUK,
     TUMKUR DISTRICT.
3.   SRI. UMESH,
     S/O LATE GANGAMMA,
     AGED ABOUT 62 YEARS,

4.   SRI. SHEKARAIAH,
     S/O LATE GANGAMMA,
     AGED ABOUT 49 YEARS,

     2 AND 3 R/AT BELAGARAHALLI,
                                 -3-
                                               NC: 2024:KHC:18894
                                            RSA No. 1462 of 2012




     KASABA HOBLI, TIPTUR TALUK,
     TUMKUR DISTRICT - 572 201.
                                         ...RESPONDENTS
(BY SRI. K.S. RAMASWAMY IYENGAR, ADVOCATE
    FOR R1 AND R2; R4 SERVED; VIDE ORDER
    DATED 15.12.2018 APPEAL STANDS
    DISMISSED AGAINST R3)

     THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGMENT & DECREE DATED 21.2.2012 PASSED IN
R.A.NO.109/2009 (OLD NO.7/96) ON THE FILE OF PRESIDING
OFFICER, FAST TRACK COURT, TIPTUR, PARTLY ALLOWING
THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 27.11.1995 PASSED IN OS.NO.54/1980 ON THE FILE
OF MUNSIFF AND JMFC, TIPTUR.

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


                           JUDGMENT

None present on behalf of the appellant.

The appeal is listed for dismissal of the appeal.

In pursuance of the order dated 01.07.2021, since there

is no compliance; hence, the appeal stands dismissed for

non-prosecution.

Sd/-

JUDGE

SMC