Karnataka High Court
Sri B H Gangaiah vs The Chief Secretary on 30 May, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:18467
RSA No. 1251 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR SECOND APPEAL NO. 1251 OF 2012 (DEC/INJ)
BETWEEN:
SRI. B.H. GANGAIAH
S/O HANMANTHAIAH,
AGED ABOUT 72 YEARS,
R/AT "SWARNALATA",
5TH CROSS, ASHOK NAGAR,
TUMKUR DISTRICT, TUMKUR - 572 102.
...APPELLANT
(BY SRI. M.B. CHANDRACHOODA, ADVOCATE)
AND:
1. THE CHIEF SECRETARY
TO THE GOVT. OF KARNATAKA,
VIDHANA SOUDHA,
Digitally BANGALORE-01.
signed by
MALATESH
KC 2. CITY MUNICIPAL COUNCIL
Location:
HIGH TUMKUR -572102
COURT OF
KARNATAKA BY ITS COMMISSIONER
3. ASST. DIRECTOR-CUM MEMBER SECRETARY
OF TOWN PLANNING AUTHORITY,
TUMKUR-572102
4. KAMBAIAH @ KAMBEGOWDA
DEAD BY HIS LRS,
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RSA No. 1251 of 2012
4(A). SMT. LAKSHMAMMA
W/O LATE KAMBAIAH @ KAMBEGOWDA,
AGED ABOUT 66 YEARS.
4(B). SMT. M.K. RAJESHWARI,
D/O LATE KAMBAIAH @ KAMBEGOWDA,
AGED ABOUT 43 YEARS.
4(C). SMT. SHARADA
D/O LATE KAMBAIAH @ KAMBEGOWDA
AGED ABOUT 41 YEARS.
4(D). SMT. SHASHIKALA
D/O LATE KAMBAIAH @ KAMBEGOWDA,
AGED ABOUT 38 YEARS,
4(A), (B), (C) AND (D) ARE THE
DAUSGHTERS OF KAMBAIAH @ KAMBEGOWDA,
MACHALAKUPPE, URDIGERE HOBLI,
TUMKUR TALUK & DISTRICT - 572 140.
5. JABBAR SHARIFF,
S/O ABDUL BASHEER,
AGED ABOUT 54 YEARS,
EMPLOYEE IN RMS,
TUMKUR - 572 102.
6. HAFEEZ
S/O H.A. ABDUL REHMAN,
AGED ABOUT 59 YEARS,
7TH CROSS, ASHOKNAGAR,
TUMKUR.
7. T. RANGAIAH,
S/O THIMMAPPA,
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RSA No. 1251 of 2012
AGED ABOUT 41 YEARS,
R/O KODIHALLI VILLAGE,
HIREHALLI POST,
TUMKUR DIST - 572 102.
8. KEMPAIAH
FATHERS NAME NOT KNOWN,
AGED ABOUT 64 YEARS,
R/AT KODIHALLI, HIREHALLI POST,
TUMKUR TALUK & DISTRICT - 572 104.
9. BETTAIAH
DEAD BY LRS
9(A) SAKAMMA
D/O LATE BETTAIAH
MAJOR,
R/O 2ND CROSS, ASHOKNAGAR,
TUMKUR -572102
9(B). B.K. YOGANARASIMHA
S/O LATE BETTAIAH,
AGED MAJOR,
ASST. MANAGER,
FOOD & CIVIL SUPPLIES,
CHIKKAMAGALORE - 577 101.
9(C). B.K. ANANDA
S/O LATE BETTAIAH,
AGED MAJOR,
SOCIAL WELFARE INSPECTOR,
MADIKERI,
COORG DISTRICT - 571 201.
9(D). B.K. NAGARAJ
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RSA No. 1251 of 2012
S/O LATE BETTAIAH,
AGED MAJOR,
EXTENSION OFFICER,
MANDYA MILK UNION,
MANDYADISTRICT,
MILK PRODUCING UNIT,
MANDYA - 571 426.
9(E). K.B. RAMA,
D/O LATE BETTAIAH,
AGED MAJOR.
9(F). K.B. VANDIKA
D/O LATE BETTAIAH,
AGED MAJOR.
9(G). K.B. SUSHEELA
D/O LATE BETTAIAH,
AGED MAJOR,
RESPONDENTS (E) TO (G)
ARE R/O 2ND CROSS, ASHOKNAGAR,
TUMKUR -572 102.
10. S.V. KRISHNAPPA
S/O VENKATAPPA,
AGED ABOUT 66 YERS
R/O NAGAVALLI,
TUMKUR TQ & DIST - 572 102.
...RESPONDENTS
(BY SRI. SUBRAMANYA R, ADVOCATE FOR R2;
SRI. YOGESH NAIK, ADVOCATE FOR R6;
SRI. MILIND DANGE, AGA FOR R1;
R3, R4(A), R4(B), R4(D), R5, R7, R9(D), R/O ARE SERVED;
V/O DATED 27.03.2019, NOTICE TO R8, R9 (A, B, C, E, F
AND G) HELD SUFFICIENT)
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RSA No. 1251 of 2012
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGMENT & DECREE DATED 29.2.2012 PASSED IN
R.A.NO.146/2008 ON THE FILE OF ADDITIONAL SENIOR CIVIL
JUDGE & CJM, TUMKUR, PARTLY ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE
DATED:11.8.2008 PASSED IN OS.NO.86/1988 ON THE FILE OF
II ADDITIONAL CIVIL JUDGE (JR.DN.) & JMFC, TUMKUR.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Memo filed reporting the death of the appellant about two
years earlier.
2. Mr.M.B.Chandrachooda, learned counsel also
submits that despite best efforts, he could not get the details of
legal representatives of deceased - sole appellant.
3. Placing the said submission on record, the appeal
stands dismissed as abated.
Sd/-
JUDGE
SS
