Karnataka High Court

Sri Harish vs Sri Hanumanthappa S/O Belludi Siddappa on 4 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                                         -1-
                                                                    NC: 2024:KHC:19165
                                                                   RSA No. 710 of 2009
                                                               C/W RSA No. 709 of 2009
                                                                   RSA No. 711 of 2009


                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                                   DATED THIS THE 4TH DAY OF JUNE, 2024
                                                   BEFORE
                                  THE HON'BLE MR JUSTICE V SRISHANANDA
                                  REGULAR SECOND APPEAL NO.710 OF 2009
                                               (DEC/INJ)
                                                  C/W
                                  REGULAR SECOND APPEAL NO.709 OF 2009
                                  REGULAR SECOND APPEAL NO.711 OF 2009

                           IN RSA 710 OF 2009

                           BETWEEN:
                           1. KUMARI SUKANYA
                              D/O.BALLURAPPA
                              AGED ABOUT 22 YEARS
                              R/O NALKUDRE VILLAGE
                              CHANNAGIRI TALUK
                              DAVANAGERE DISTRICT - 577 213.

                           2.    KUMARI SUNITHA
                                 D/O. BALLURAPPA
                                 AGED ABOUT 20 YEARS
                                 R/O.NALKUDRE VILLAGE
Digitally signed by KORLAHALLI   CHANNAGIRI TALUK
BHARATHIDEVIKRISHNACHARYA
Location: HIGH COURT OF          DAVANAGERE DISTRICT - 577 213
KARNATAKA
                                                                         ...APPELLANTS

                           (BY SMT. SUKANYA & SUNITHA, APPELLANTS (ABSENT))

                           AND:

                           1.     SRI HANUMANTHAPPA
                                  S/O.BELLUDI SIDDAPPA
                                  DEAD BY HIS LRS

                           1(A) SMT. DANAMMA
                                W/O.HANUMANTHAPPA
                                AGED ABOUT 76 YEARS
                             -2-
                                         NC: 2024:KHC:19165
                                        RSA No. 710 of 2009
                                    C/W RSA No. 709 of 2009
                                        RSA No. 711 of 2009


       AGRICULTURIST,
       R/O.TYAVANAGI VILLAGE
       CHANNAGIRI TALUK - 577 213

1(B) SRI. B H BALLURAPPA
     S/O. LATE HANUMANTHAPPA
     AGED ABOUT 55 YEARS
     AGRICULTURIST,
     R/O. TYAVANAGI VILLAGE
     CHANNAGIRI TALUK - 577 213

1(C) SRI. B H NAGARAJAPPA
     S/O. LATE HANUMANTHAPPA
     AGED ABOUT 52 YEARS
     AGRICULTURIST,
     R/O. TYAVANAGI VILLAGE
     CHANNAGIRI TALUK - 577 213

1(D) SRI. B H KUBERAPPA
     S/O. LATE HANUMANTHAPPA
     AGED ABOUT 47 YEARS
     AGRICULTURIST,
     R/O. TYAVANAGI VILLAGE
     CHANNAGIRI TALUK - 577 213

1(E)   SRI. B H SHANMUKHAPPA
       S/O. LATE HANUMANTHAPPA
       AGED ABOUT 45 YEARS
       AGRICULTURIST,
       R/O. TYAVANAGI VILLAGE
       CHANNAGIRI TALUK - 577 213

1(F)   SMT. SULOCHANA
       W/O.KUBERAPPA
       AGED ABOUT 47 YEARS
       HOUSEHOLD,R/O.DUMMI VILLAGE
       HOLALKERE TALUK

1(G) SMT. B H LAKSHMIDEVI
     W/O.MAHESHWARAPPA
     AGED ABOUT 42 YEARS
     HOUSEHOLD,
                          -3-
                                       NC: 2024:KHC:19165
                                      RSA No. 710 of 2009
                                  C/W RSA No. 709 of 2009
                                      RSA No. 711 of 2009


     R/O.MASTIKATTE VILLAGE
     HOSANAGARA TALUK
     SHIMOGA DISTRICT - 577 412

2.   B RUDRAPPA
     S/O.HANUMANTHAPPA
     AGED ABOUT 52 YEARS
     AGRICULTURIST
     R/O.TYAVANAGI VILLAGE
     CHANNAGIRI TALUK - 577 213
                                          ...RESPONDENTS

(BY SRI. H R SREEPADA & B.R. PRASANNA, ADVOCATES FOR
C/R2
R1(A-G) ARE SERVED)

     THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE
JUDGEMENT & DECREE DTD 28.01.2009 PASSED IN
R.A.NO.108/2002 ON THE FILE OF THE ADDL. SESSIONS
JUDGE & PRESIDING OFFICER OF FAST TRACT COURT II,
DAVANGERE,    ALLOWING   THE   APPEAL   AGAINST   THE
JUDGEMENT AND DECREE DTD 30.3.2002 PASSED IN
OS.276/1990 ON THE FILE OF THE CIVIL JUDGE (JR. DN.) &
JMFC., CHANNAGIRI.

IN RSA 709 OF 2009

BETWEEN:

1.   SRI. HARISH
     SINCE DECEASED BY HIS LR'S
     APPELLANT No.2 AND 3

1(A) KUMARI SUKANYA
     D/O.BALLURAPPA
     AGED ABOUT 22 YEARS
     R/O NALKUDRE VILLAGE
     CHANNAGIRI TALUK
     DAVANAGERE DISTRICT - 577 213.

1(B) KUMARI SUNITHA
     D/O. BALLURAPPA
                               -4-
                                         NC: 2024:KHC:19165
                                        RSA No. 710 of 2009
                                    C/W RSA No. 709 of 2009
                                        RSA No. 711 of 2009


       AGED ABOUT 20 YEARS
       R/O.NALKUDRE VILLAGE
       CHANNAGIRI TALUK
       DAVANAGERE DISTRICT - 577 213
                                              ...APPELLANTS
(BY SRI. HARISH, DECEASED
    SMT. SUKANYA & SUNITHA, APPELLANTS (ABSENT))

AND:

1.     SRI HANUMANTHAPPA
       S/O.BELLUDI SIDDAPPA
       DEAD BY HIS LRS

1(A) SMT. DANAMMA
     W/O.HANUMANTHAPPA
     AGED ABOUT 76 YEARS
     AGRICULTURIST,
     R/O.TYAVANAGI VILLAGE
     CHANNAGIRI TALUK - 577 213

1(B) SRI. B H BALLURAPPA
     S/O. LATE HANUMANTHAPPA
     AGED ABOUT 55 YEARS
     AGRICULTURIST,
     R/O. TYAVANAGI VILLAGE
     CHANNAGIRI TALUK - 577 213

1(C) SRI. B H NAGARAJAPPA
     S/O. LATE HANUMANTHAPPA
     AGED ABOUT 52 YEARS
     AGRICULTURIST,
     R/O. TYAVANAGI VILLAGE
     CHANNAGIRI TALUK - 577 213

1(D) SRI. B H KUBERAPPA
     S/O. LATE HANUMANTHAPPA
     AGED ABOUT 47 YEARS
     AGRICULTURIST,
     R/O. TYAVANAGI VILLAGE
     CHANNAGIRI TALUK - 577 213
                            -5-
                                         NC: 2024:KHC:19165
                                        RSA No. 710 of 2009
                                    C/W RSA No. 709 of 2009
                                        RSA No. 711 of 2009


1(E)   SRI. B H SHANMUKHAPPA
       S/O. LATE HANUMANTHAPPA
       AGED ABOUT 45 YEARS
       AGRICULTURIST,
       R/O. TYAVANAGI VILLAGE
       CHANNAGIRI TALUK - 577 213

1(F)   SMT. SULOCHANA
       W/O.KUBERAPPA
       AGED ABOUT 47 YEARS
       HOUSEHOLD,R/O.DUMMI VILLAGE
       HOLALKERE TALUK

1(G) SMT. B H LAKSHMIDEVI
     W/O.MAHESHWARAPPA
     AGED ABOUT 42 YEARS
     HOUSEHOLD,
     R/O.MASTIKATTE VILLAGE
     HOSANAGARA TALUK
     SHIMOGA DISTRICT - 577 412

2.     B RUDRAPPA
       S/O.HANUMANTHAPPA
       AGED ABOUT 52 YEARS
       AGRICULTURIST
       R/O.TYAVANAGI VILLAGE
       CHANNAGIRI TALUK - 577 213
                                            ...RESPONDENTS

(BY SRI. H R SREEPADA & B.R. PRASANNA, ADVOCATES FOR
C/R2
R1(A-G) ARE SERVED)

     THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE
JUDGEMENT & DECREE DTD 28.01.2009 PASSED IN
R.A.NO.89/2002 ON THE FILE OF THE ADDL. SESSIONS JUDGE
& PRESIDING OFFICER OF FAST TRACT COURT II, DAVANGERE,
ALLOWING THE APPEAL AGAINST THE JUDGEMENT AND
DECREE DTD 30.3.2002 PASSED IN OS.275/1990 ON THE FILE
OF THE CIVIL JUDGE (JR. DN.) & JMFC., CHANNAGIRI.
                               -6-
                                         NC: 2024:KHC:19165
                                        RSA No. 710 of 2009
                                    C/W RSA No. 709 of 2009
                                        RSA No. 711 of 2009


IN RSA 711 OF 2009

BETWEEN:

1.     SRI. HARISH
       SINCE DECEASED BY HIS LR'S
       APPELLANT No.2 AND 3

1(A) KUMARI SUKANYA
     D/O.BALLURAPPA
     AGED ABOUT 22 YEARS
     R/O NALKUDRE VILLAGE
     CHANNAGIRI TALUK
     DAVANAGERE DISTRICT - 577 213.

1(B) KUMARI SUNITHA
     D/O. BALLURAPPA
     AGED ABOUT 20 YEARS
     R/O.NALKUDRE VILLAGE
     CHANNAGIRI TALUK
     DAVANAGERE DISTRICT - 577 213
                                              ...APPELLANTS
(BY SRI. HARISH, DECEASED
    SMT. SUKANYA & SUNITHA, APPELLANTS (ABSENT))

AND:

1.     SRI HANUMANTHAPPA
       S/O.BELLUDI SIDDAPPA
       DEAD BY HIS LRS

1(A) SMT. DANAMMA
     W/O.HANUMANTHAPPA
     AGED ABOUT 76 YEARS
     AGRICULTURIST,
     R/O.TYAVANAGI VILLAGE
     CHANNAGIRI TALUK - 577 213

1(B) SRI. B H BALLURAPPA
     S/O. LATE HANUMANTHAPPA
     AGED ABOUT 55 YEARS
     AGRICULTURIST,
                              -7-
                                         NC: 2024:KHC:19165
                                        RSA No. 710 of 2009
                                    C/W RSA No. 709 of 2009
                                        RSA No. 711 of 2009


       R/O. TYAVANAGI VILLAGE
       CHANNAGIRI TALUK - 577 213

1(C) SRI. B H NAGARAJAPPA
     S/O. LATE HANUMANTHAPPA
     AGED ABOUT 52 YEARS
     AGRICULTURIST,
     R/O. TYAVANAGI VILLAGE
     CHANNAGIRI TALUK - 577 213

1(D) SRI. B H KUBERAPPA
     S/O. LATE HANUMANTHAPPA
     AGED ABOUT 47 YEARS
     AGRICULTURIST,
     R/O. TYAVANAGI VILLAGE
     CHANNAGIRI TALUK - 577 213

1(E)   SRI. B H SHANMUKHAPPA
       S/O. LATE HANUMANTHAPPA
       AGED ABOUT 45 YEARS
       AGRICULTURIST,
       R/O. TYAVANAGI VILLAGE
       CHANNAGIRI TALUK - 577 213

1(F)   SMT. SULOCHANA
       W/O.KUBERAPPA
       AGED ABOUT 47 YEARS
       HOUSEHOLD,R/O.DUMMI VILLAGE
       HOLALKERE TALUK

1(G) SMT. B H LAKSHMIDEVI
     W/O.MAHESHWARAPPA
     AGED ABOUT 42 YEARS
     HOUSEHOLD,
     R/O.MASTIKATTE VILLAGE
     HOSANAGARA TALUK
     SHIMOGA DISTRICT - 577 412

2.     B RUDRAPPA
       S/O.HANUMANTHAPPA
       AGED ABOUT 52 YEARS
       AGRICULTURIST
                                 -8-
                                             NC: 2024:KHC:19165
                                          RSA No. 710 of 2009
                                      C/W RSA No. 709 of 2009
                                          RSA No. 711 of 2009


         R/O.TYAVANAGI VILLAGE
         CHANNAGIRI TALUK - 577 213
                                                  ...RESPONDENTS

(BY SRI. H R SREEPADA & B.R. PRASANNA, ADVOCATES FOR
C/R2
R1(A-G) ARE SERVED)

     THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE
JUDGEMENT & DECREE DTD 28.01.2009 PASSED IN
R.A.NO.109/2002 ON THE FILE OF THE ADDL. SESSIONS
JUDGE & PRESIDING OFFICER OF FAST TRACT COURT II,
DAVANGERE,    ALLOWING   THE   APPEAL   AGAINST   THE
JUDGEMENT AND DECREE DTD 30.3.2002 PASSED IN
OS.277/1990 ON THE FILE OF THE CIVIL JUDGE (JR. DN.) &
JMFC., CHANNAGIRI.


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

                          JUDGMENT

On perusal of the record it discloses that learned counsel

who appears for the appellants was elevated as a Judge of this

Court.

2. Later on noticing the same, this Court issued the

Court notice to the appellants. The service report sent by the

process server of the Jurisdictional Civil Judge shows that the

appellants have been personally served.

3. The appellants called out, absent.

NC: 2024:KHC:19165

4. Though notice was served on the appellants in the

year 2023, till date, they have not taken any steps to engage

the counsel. It shows that they are not interested in