A Ramanna S/O Late A Eranna vs Sri E.T. Srinivas Gouda
2024 Latest Caselaw 11608 Kant

Karnataka High Court

A Ramanna S/O Late A Eranna vs Sri E.T. Srinivas Gouda on 27 May, 2024

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

                                                  -1-
                                                             NC: 2024:KHC-D:6981-DB
                                                           RFA No. 100296 of 2017




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                DATED THIS THE 27TH DAY OF MAY, 2024
                                               PRESENT
                              THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                                                  AND
                       THE HON'BLE MR JUSTICE T. G. SHIVASHANKARE GOWDA
                       REGULAR FIRST APPEAL NO. 100296 OF 2017 (DEC/POS)


                      BETWEEN:

                      A RAMANNA S/O. LATE A ERANNA
                      AGE: 67 YEARS, OCC: AGRICULTURIST,
                      R/O: SIDDAMMANAHALLI VILLAGE,
                      TQ AND DIST: BALLARI-583101.
                                                                       ...APPELLANT
                      (SRI.A.RAMANNA S/O LATE A.ERANNA- APPELLANT)


                      AND:

                      1.    SRI. E.T.SRINIVAS GOUDA
                            S/O. E.T.THALAMARAIAH,
                            AGED 40 YEARS,
                            OCC: BUSINESS-CUM-AGRICULTURE,
Digitally signed by
BHARATHI H M
                            R/O: CARE OF SAPTHAGIRI MEDICALS,
Location: HIGH
COURT OF
                            DOOR NO.54/2, WARD NO.17,
KARNATAKA
DHARWAD
                            PATEL NAGAR, MAIN ROAD, BALLARI-583101.
BENCH
Date: 2024.05.30
13:09:48 +0530
                      2.    SMT. SHAYAMALA W/O. DR.P.V.PRASANNA
                            AGED 44 YEARS, OCC: HOUSE HOLD,
                            R/O: DOOR NO.MIG-3, 1ST CROSS,
                            S.N.PET, BALLARI-583101,
                            CARE OF T.PAPANNA, RTD. ENGINEER.

                      3.    SMT. KAVITHA W/O. E.P. RAGHAVENDRA
                            D/O. E.T.THALAMARAIAH,
                            AGED: 42 YEARS, OCC: HOUSEHOLD,
                            R/O: DOOR NO.127/B, HAL COLONY,
                            1ST MAIN, 2ND CROSS,
                            MARATHALLI-560037, BANGALORE.
                                -2-
                                             NC: 2024:KHC-D:6981-DB
                                           RFA No. 100296 of 2017




     SRI. E.T.THALAMARAIAH
     S/O. CHINNATHIMMAIH,
     SINCE DEAD BY HIS LRs.,


4.   SMT. KAMALAMMA
     W/O. E.T.THALAMARAIAH,
     AGED: 61 YEARS, OCC: HOUSE HOLD,
     R/O: DOOR NO.174/1, 9TH WARD,
     THUNGABHADRA BADAVANI,
     HUVINAHADAGALIM TALUKA-583219,
     BALLARI DISTRICT.

5.   SRI. E.N.VISHWANATH S/O. NARASAIAH
     AGED: 57 YEARS, OCC: BUSINESS,
     R/O: BHADDUR BEEDI, DOOR NO.97,
     WARD NO.23, COWL BAZAAR,
     BALLARI DISTRICT-583101.

6.   SRI. K.UMAPATHI S/O. LATE RAMAIAH
     AGED: MAJOR, OCC: BUSINESS,
     R/O: WARD NO.18, SHARANAPPA COMPOUND,
     PARVATHINAGAR, MAIN ROAD,
     BALLARI DISTRICT-583101.

7.   THE LAND ACQUISITION OFFICER
     K.I.A.D.B., DHARWAD-580006.

                                            ...RESPONDENTS
(BY SRI.V.LAKSHMIKANT REDDY, ADVOCATE FOR R6;
    NOTICE TO R1, R2, R4 AND R7 ARE SERVED)


      THIS RFA IS FILED UNDER SEC.96 READ WITH ORDER 41
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
28.10.2016 PASSED IN O.S.NO.176/2010 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, DISMISSING THE
SUIT FILED FOR DECLARATION AND POSSESSION.


      THIS   RFA   COMING      ON    FOR     ORDERS,   THIS   DAY,
T.G.SHIVASHANKARE GOWDA, J., DELIVERED THE FOLLOWING:
                                -3-
                                        NC: 2024:KHC-D:6981-DB
                                      RFA No. 100296 of 2017




                           ORDER

None appears for the appellant.

Sri.S.N.Banakar, learned counsel has already filed a

memo of retirement with postal cover with shara that the

"Addressee left without any instructions".

IA No.1/2017 is also pending.

Steps against respondent No.3 is also not taken.

Sri.S.N.Banakar, learned counsel is permitted to

retire from the case.

The appellant has not shown any interest in

prosecuting the appeal. Hence, appeal stands dismissed

for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE HMB