Karnataka High Court
Sri. B. Panchaksharaiah vs Smt. Parvathamma on 26 June, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:24261
RSA No. 447 of 2013
C/W RSA No. 695 of 2016
RSA No. 724 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
REGULAR SECOND APPEAL NO. 447 OF 2013 (DEC)
C/W
REGULAR SECOND APPEAL NO. 695 OF 2016 (DEC)
REGULAR SECOND APPEAL NO. 724 OF 2016 (DEC)
IN RSA NO.447/2013
BETWEEN:
SRI. H.B. SHIVABASAVAIAH,
S/O LATE BASAVAIAH,
AGED ABOUT 75 YEARS,
R/A NO.133, 7TH MAIN, ROAD,
HAMPINAGAR,
VIJAYANAGAR II STAGE,
BANGALORE - 560 104.
...APPELLANT
Digitally signed
by (BY SRI. B.N. PUTTALINGAIAH, ADVOCATE)
NARAYANAPPA
LAKSHMAMMA AND:
Location: HIGH
COURT OF
KARNATAKA 1. SMT. GANGAMMA,
W/O M. PUTTALINGAIAH,
D/O LATE SHETTY GOWDA,
AGED ABOUT 6O YEARS,
RESIDING AT NO.760,
9TH CROSS, SAPTHAGIRI ROAD,
BHUVANESHWARINAGAR,
BANASHANKARI III STAGE,
BANGALORE - 560 085.
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NC: 2024:KHC:24261
RSA No. 447 of 2013
C/W RSA No. 695 of 2016
RSA No. 724 of 2016
2. SMT. PARVATHAMMA,
W/O LATE SHETTY GOWDA,
AGED ABOUT 64 YEARS
3. SRI. K.S. SADGUNA
S/O LATE SHETTY GOWDA,
AGED ABOUT 42 YEARS.
4. SRI. K.S. BASAVAKUMAR
S/O LATE SHETTY GOWDA,
AGED ABOUT 35 YEARS
RESPONDENT NO.2, 3 AND 4
ARE RESIDENTS OF KALLANAKERE VILLAGE,
KASABA HOBLI,
TURUVEKERE TALUK,
TUMKUR DISTRICT - 572 227.
...RESPONDENTS
(BY SRI. K.S. RANGASWAMY IYENGAR, ADVOCATE FOR
R3 AND R4;
SRI. M.V. VEDAMURTHY, ADVOCATE FOR R1;
R2 SERVED AND UNREPRESENTED)
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT & DECREE DATED 21.11.2012 PASSED IN
R.A.NO.76/2011 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURT, TIPTUR, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGEMENT AND DECREE DATED 19.1.2011
PASSED IN OS.NO.5/2010 ON THE FILE OF THE SENIOR CIVIL
JUDGE & JMFC., TURUVEKERE.
IN RSA NO.695/2016
BETWEEN:
SRI. B. PANCHAKSHARAIAH
S/O. LATE BASAVAIAH,
AGED ABOUT 72 YEARS,
RESIDING AT NO. 309,
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NC: 2024:KHC:24261
RSA No. 447 of 2013
C/W RSA No. 695 of 2016
RSA No. 724 of 2016
3RD MAIN ROAD,
JAGAJYOTHI LAYOUT,
JNANABHARATHI POST,
BANGALORE-560 056.
...APPELLANT
(BY SRI. VEDA MURTHY M V., ADVOCATE (ABSENT))
AND:
1. SMT. PARVATHAMMA,
W/O LATE SHETTY GOWDA,
AGED ABOUT 64 YEARS
2. SRI. K.S. SADGUNA
S/O LATE SHETTY GOWDA,
AGED ABOUT 42 YEARS.
3. SRI. K.S. BASAVAKUMAR
S/O LATE SHETTY GOWDA,
AGED ABOUT 35 YEARS
RESPONDENT NO.2, 3 AND 4
ARE RESIDENTS OF KALLANAKERE VILLAGE,
KASABA HOBLI,
TURUVEKERE TALUK,
TUMKUR DISTRICT - 572 227.
4. SMT. GANGAMMA
W/O M.S. PUTTALINGAIAH,
D/O LATE SHETTY GOWDA,
AGED ABOUT 62 YEARS,
RESIDING AT NO.760,
9TH CROSS, SAPTHAGIRI ROAD,
BHUVANESHWARINAGAR,
BANASHANKARI III STAGE,
BANGALORE - 560 085.
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NC: 2024:KHC:24261
RSA No. 447 of 2013
C/W RSA No. 695 of 2016
RSA No. 724 of 2016
5. SRI. H.B. SHIVABASAVAIAH
S/O. LATE BASAVAIAH,
AGED ABOUT 76 YEARS,
RESIDING AT NO.133,
7TH "C" MAIN ROAD,
HAMPI NAGARA,
VIJAYANAGAR II STAGE,
BANGALORE-560 040.
6. SRI. B. SHADAKSHARAIAH
S/O. LATE BASAVAIAH,
AGED ABOUT 74 YEARS,
RESIDING AT KALLANAKERE VILLAGE,
DWARANAHALLI POST,
KASABA HOBLI,
TURUVEKERE TALUK,
TUMAKURU DISTRICT - 572 227.
7. SMT. T. SUSHEELA
W/O. B. PANCHAKSHARAIAH,
AGED ABOUT 64 YEARS,
RESIDING AT NO. 309,
3RD MAIN ROAD,
JAGAJYOTHI LAYOUT,
JNANABHARATHI POST,
BANGALORE-560 056.
...RESPONDENTS
(BY SRI. K.S. RANGASWAMY IYENGAR, ADVOCATE FOR
R2 AND R3;
SRI. B.S. REDDY, ADVOCATE FOR R4 TO R7;
R1 SERVED AND UNREPRESENTED)
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT & DECREE DATED 12.01.2016 PASSED IN
R.A.NO.10002/2014 ON THE FILE OF THE V ADDL. DISTRICT
AND SESSIONS JUDGE, TIPTUR, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 11.04.2014
-5-
NC: 2024:KHC:24261
RSA No. 447 of 2013
C/W RSA No. 695 of 2016
RSA No. 724 of 2016
PASSED IN OS NO.82/07 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC., TURUVEKERE.
IN RSA NO.724/2016
BETWEEN:
1. H.B. SHIVABASAVAIAH
S/O. LATE BASAVAIAH,
AGED ABOUT 74 YEARS,
RESIDING AT NO.133,
7TH "C" MAIN ROAD,
HAMPI NAGARA,
VIJAYANAGAR II STAGE,
BANGALORE-560 040.
2. B. SHADAKSHARAIAH
S/O. LATE BASAVAIAH,
AGED ABOUT 74 YEARS,
RESIDING AT KALLANAKERE VILLAGE,
DWARANAHALLI POST,
KASABA HOBLI,
TURUVEKERE TALUK,
TUMAKURU DISTRICT - 572 227.
3. B. PANCHAKSHARAIAH
S/O. LATE BASAVAIAH,
AGED ABOUT 70 YEARS.
4. T. SUSHEELA
W/O. B. PANCHAKSHARAIAH,
AGED ABOUT 62 YEARS,
APPELLANTS NO.3 AND 4 ARE
RESIDING AT NO. 309,
3RD MAIN ROAD,
JAGAJYOTHI LAYOUT,
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NC: 2024:KHC:24261
RSA No. 447 of 2013
C/W RSA No. 695 of 2016
RSA No. 724 of 2016
JNANABHARATHI POST,
BANGALORE-560 056.
...APPELLANTS
(BY SRI. VEDA MURTHY M V., ADVOCATE (ABSENT))
AND:
1. SMT. PARVATHAMMA,
W/O LATE SHETTY GOWDA,
AGED ABOUT 60 YEARS
2. SRI. K.S. SADGUNA
S/O LATE SHETTY GOWDA,
AGED ABOUT 40 YEARS.
3. SRI. K.S. BASAVAKUMAR
S/O LATE SHETTY GOWDA,
AGED ABOUT 40 YEARS
RESPONDENT NO.2, 3 AND 4
ARE RESIDENTS OF KALLANAKERE VILLAGE,
KASABA HOBLI,
TURUVEKERE TALUK,
TUMKUR DISTRICT - 572 227.
4. SMT. GANGAMMA
W/O M.S. PUTTALINGAIAH,
D/O LATE SHETTY GOWDA,
AGED ABOUT 60 YEARS,
RESIDING AT NO.760,
9TH CROSS, SAPTHAGIRI ROAD,
BHUVANESHWARINAGAR,
BANASHANKARI III STAGE,
BANGALORE - 560 085.
...RESPONDENTS
-7-
NC: 2024:KHC:24261
RSA No. 447 of 2013
C/W RSA No. 695 of 2016
RSA No. 724 of 2016
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT & DECREE DATED 12.01.2016 PASSED IN
R.A.NO.10002/2014 ON THE FILE OF THE V ADDL. DISTRICT
AND SESSIONS JUDGE, TIPTUR, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 11.04.2014
PASSED IN OS NO.82/07 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC., TURUVEKERE.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. None appears for the appellant, though called twice.
2. It appears that the appellants are not interested in
prosecuting the matters. Hence, the appeals stand
dismissed.
Sd/-
JUDGE
TMP
