Karnataka High Court
Smt Savithri vs Sri Sheena Das on 29 May, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:19995
RSA No. 1018 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR SECOND APPEAL NO. 1018 OF 2007
BETWEEN:
1. SMT. SAVITHRI.
SINCE DEAD BY L.Rs
1(A). SRI SURESH DAS,
1(B). SMT. SHASHIKALA,
1(C). SRI PRASANNA.D.
1(D). SMT. LATHA. S.N.
1(E). SMT. CHANDRAKALA
ALL ARE CHILDREN OF
SMT. SAVITHRI.
R/A DHARMASTHALA,
BELTHANGADI TALUK,
D. K. 574 216
...APPELLANTS
Digitally (BY SRI. P.KARUNAKAR., ADVOCATE FOR 1(B-C))
signed by
MALATESH AND:
KC
Location: 1. SRI SHEENA DAS
HIGH AGED 63 YEARS,
COURT OF S/O LATE APPUDAS,
KARNATAKA R/AT KOTEKAR VILLAGE,
MANGALORE TALUK, D. K. DIST.
PIN- 574 152.
2. SMT. GIRIJA
AGED ABOUT 53 YEARS
3. SMT. PREMA
AGED ABOUT 51 YEARS
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RSA No. 1018 of 2007
4. SMT. BABY
AGED ABOUT 49
5. SMT. LALITHA
AGED ABOUT 47 YEARS
6. SRI MADHAVADAS
AGED ABOUT 45 YEARS,
NO.2 IS THE WIDOW,
AND NOS.3 TO 6 ARE CHILDREN OF
DECEASED ORGINIAL FIRST DEFEDANT
IN O.S.NO.292/1987 AND APPELT. IN RA.No.3/1993
LATE SRI. THIMMAPPA, At PONKRADAS.
7. MS. CHITRAVATHI DAS,
AGED ABOUT 64 YEARS.
8. MR. VAMANA DAS,
AGED ABOUT 45 YEARS.
9. MR. SHESHAPPA DAS,
AGE NOT KNOWN.
10. MR .KESHAVA DAS,
AGED ABOUT 39 YEARS.
11. MS. VEDAVATHI,
AGED ABOUT 35 YEARS.
12. MS. VASANTH DAS
AGED ABOUT 34 YEARS
13. MR. RAVIDAS
AGED ABOUT 32 YEARS
14. MR. YASHUDAS,
AGED ABOUT 30 YEARS.
15. MS. VANAJA,
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RSA No. 1018 of 2007
AGED ABOUT 39 YEARS.
16. MS. RUDRAKSHI,
AGED ABOUT 28 YEARS.
RESPONDENT NO.7 IS THE WIFE AND 8 TO 16 ARE
CHILDREN OF DECEASED SRI.LINGAPPA DAS,
S/O LATE APPU DAS, DEFT.2 IN O.S.292/1987
RESPONDENT no.2 IN RA.NO.3/1993
ALL ARE RESIDING AT:
AMRITH NAGAR,
BAGAMBILA HOUSE, ,
POST KOTEKAR,
MANGALORE TALUK 574 152.
17. MS. YAMUNA,
AGED ABOUT 60 YEARS,
D/O LATE APPUDAS,
R/AT PACHANADY VILLAGE,
MANGALORE TALUK,
D. K. 574152.
18. MRS. JANAKI
D/O LATE APPUDAS,
AGED ABOUT 58 YEARS,
R/AT PANCHANADY VILLAGE,
MANGALORE TALUK,
D. K. 574 152.
19. MR. SHANTHARAM SHETTY
AGED ABOUT 62 YEARS,
S/O THYAMPANNA SHETTY,
R/AT KOTEKAR VILLAGE,
MANGALORE TALUK,
D. K. 574152.
20. MS. LEELA,
AGED ABOUT 38 YEARS,
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RSA No. 1018 of 2007
21. MR. RAVI.
AGED ABOUT 35 YEARS.
22. MS. KESHAVATHI.
AGED ABOUT 33 YEARS.
23. MS. HARINAKSHI
AGED ABOUT 31 YEARS.
24. MS. CHANCHALA
AGED ABOUT 29 YEARS.
25. MR. BHOJA
AGED ABOUT 27 YEARS.
26. MR. JAYANTHA
AGED ABOUT 25 YEARS.
27. MR. MAHABALA SHETTY
AGED ABOUT 60 YEARS
(20 TO 27 ARE CHILDREN OF MR.RAMANPOOJARY.
THE ORIGINAL DEFT.9 IN O.S.292/2087)
ALL ARE RESIDING AT:
MADYAR,
POST KOTEKAR,
MANGALORE TALUK
D.K. 574 152.
28. MR. MAHABALA SETTY,
AGED ABOUT 60 YEARS.
S/O KUNHYANNA SHETTY,
R.A ADYARGUTHU,
ADYAR,
MANGALUR TALUK,
D. K. 574 152.
29. REV SISTER VELAVINAHALLI
AGED ABOUT 53 YEARS,
KINNYA, KOTEKAR VILLAGE,
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RSA No. 1018 of 2007
MANGALORE TALUK,
D. K. 574 152.
30. STATE OF KARNATAKA
REP.BY.DY.COMMISSIONER,
D. K. DISTRICT.
31. MRS. DEVAKI
D/O MR.MUTHU, (SINCE DEAD)BY LRS.
32. MRS. RUKMINI
AGED ABOUT 36 YEARS.
33. MS. MAHESH
AGED ABOUT 12 YEARS,
34. MS. MAMATHA
AGED ABOUT 14 YEARS,
CHILDREN OF MR.DAMODARA AND MINORS
REPRESENTED BY THEIR MOTHER & N/G
RESP.NO.32.
(GRAND CHILDREN OF LATE MR.MUTHU-ORIGINAL
DEFT.4 IN O.S.292/2087)
35. MS. SUSHEELA
D/O MR.MUTHUAGED,
ABOUT 39 YEARS.
36. MR. LAXMMA,
S/O MR.MUTHU,
AGED ABOUT 37 YEARS,
ALL 31 TO 36 ARE
R/A KONJE,
BELMA VILLAGE,
D. K. 574 161.
37. MR. NARAYANA DAS,
S/O LATE.MS.SETHA,
(S/ONE WEEK TIME IS GRANTED TO COMPLY THE
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RSA No. 1018 of 2007
OFFICE OBJECTIONS. ORIGINAL DEFT.3 IN
O.S.292/1987)
AGED ABOUT 51 YEARS,
R/A PILARU,
LAKSHMIGUDDE, DARANADA BAGILU,
KOTEKAR POST,
D. K. 574 152.
38. MS. JANAKI
AGED ABOUT 41 YEARS.
39. MR. CHALCHALAKSHI,
AGED ABOUT 21 YEARS.
40. MR. CHANDRIKA
AGED ABOUT 18 YEARS.
(38 TO 40 ARE CHILDREN OF MR.SHESHAPPA DAS,
& GRAND CHILDREN OF LATE MS.SETHU-DEFT.3 IN
O.S.NO.292/1087)
ALL 38 TO 40 ARE
R/A VIJAYA NAG,
BAGAMBILA, KOTEKAR POST,
MANGALORE,
D. K. 574 152.
41. MR GANGADARA DAS
S/O LATE.MS.SETHU (DEFT.3 IN OS.NO.292/1987)
AGED ABOUT 40 YEARS
41. MR. RAGHAVA DAS
S/O LATE.MS.SETHU (DEFT.3 IN OS.NO.292/1987)
AGED ABOUT 40 YEARS
BOTH 41 AND 42 ARE
R/A KONAJE,
MANGALORE,
D. K. 574 161.
...RESPONDENTS
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RSA No. 1018 of 2007
(BY SRI. VIJAYA KRISHNA BHAT, ADVOCATE FOR R2 TO R6;
SRI. KESHAV BHAT, ADVOCATE FOR R20, R22, R23,
R25 - R27;
SRI. Y. RAJENDRA PRASAD SHETTY, ADVOCATE FOR R28;
SRI. MILIND DANGE, ADVOCATE FOR R30, V/O DATED
27.07.2017;
SRI. RAKSHIT KUMAR, ADVOCATE FOR R29, V/O DATED
22.04.2024;
R29 SERVED;
R19 HELD SUFFICIENT, V/O DATED 18.07.2016;
V/O DATED 21.06.2017, R1, R7, R8, R10-R18, R21, R24,
R30 TO R42 ARE H/S;
R1, R7, R8, R10, R11, R12, R13, R14, R15, R16, R17, R18,
R21, R24, R30, R31, R32 TO R42 SERVED)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DATED: 7.4.2005 PASSED IN R.A.NO.
3/1993 ON THE FILE OF THE I ADDL.DISTRICT JUDGE, D.K.,
MANGALORE, ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGEMENT AND DECREE DATED: 16.12.1992 PASSED
IN OS.NO. 292/1987 ON THE FILE OF THE I ADDL.CIVIL
JUDGE & CJM, MANGALORE, D.K.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None present on behalf of the appellant.
2. In fact, there was no representation on the previous
date as well, even after calling the case for the second time.
One of the defendants who supported the respondents in the
Trial and did not choose to file any separate written statement
other than the written statements of the contesting respondent
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choose to challenge the decree before the First Appellate Court
and was unsuccessful.
3. Being aggrieved by the same, the said defendant
who is one of the sister of the contesting respondent has filed
the present appeal and appeal is not yet admitted though
appeal is of the year 2007.
4. Accordingly, appeal stands dismissed for non
prosecution.
Sd/-
JUDGE
LDC
