Karnataka High Court
Durugajji Sharanappa S/O Late ... vs Sooraiah S/O Kapurada Kamaiah on 4 November, 2024
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NC: 2024:KHC-D:16095
RSA No. 5101 of 2009
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
RSA NO. 5101 OF 2009 (DEC/INJ)
BETWEEN:
1. DURUGAJJI SHARANAPPA S/O. LATE DURUGAJJI
NINGAPPA,
2. DURUGAJJI MALLAPPA
S/O. LATE DURUGAJJI NINGAPPA,
SINCE DEAD BY HIS LRS
2A. SMT. NAGAMMA
FIRST WIFE OF LATE DURUGAJJI MALLAPPA,
AGED ABOUT 70 YEARS,
Digitally R/O. THAYAKANAHALLI VILLAGE,
signed by
VISHAL
VISHAL NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:
2B. SMT. NINGAMMA
2024.11.05
11:53:26 SECOND WIFE OF LATE DURUGAJJI MALLAPPA,
+0530
AGED ABOUT 70 YEARS,
R/O. THAYAKANAHALLI VILLAGE,
2C. SMT. RATHNAMMA
D/O. LATE DURUGAJJI MALLAPPA AND
W/O. NAGARAJA,
AGED ABOUT 35 YEARS, R/O. KONDLAHALLI VILLAGE,
MOLAKALMOOR TALUK, CHITRADURGA DISTRICT.
2D. SMT. GANGAMMA
D/O. LATE DURUGAJJI MALLAPPA AND W/O. PRADEEP,
AGED ABOUT 30 YEARS,
R/O. THAYAKANAHALLI VILLAGE,
MOLAKALMOOR TALUK, CHITRADURGA DISTRICT.
2E. SMT. SAVITRAMMA
D/O. LATE DURUGAJJI MALLAPPA AND
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NC: 2024:KHC-D:16095
RSA No. 5101 of 2009
W/O. SHANKRAPPA, AGED ABOUT 28 YEARS,
R/O. THAYAKANAHALLI VILLAGE,
2F. MAHANTHAPPA S/O. LATE DURUGAJJI,
AGED ABOUT 26 YEARS,
R/O. THAYAKANAHALLI VILLAGE,
2G. NAGARAKA S/O. LATE DURUGAJJI,
AGED ABOUT 22 YEARS,
R/O. THAYAKANAHALLI VILLAGE,
2H. KUMARI LAKSHMI D/O. LATE DURUGAJJI,
AGED ABOUT 20 YEARS,
R/O. THAYAKANAHALLI VILLAGE,
2I. GANGANNA S/O. LATE DURUGAJJI,
AGED ABOUT 22 YEARS,
R/O. THAYAKANAHALLI VILLAGE,
ALL ARE HINDUS, AGRICULTURISTS,
EXCEPT APPELLANTS NO.2(D) AND (I)
ALL ARE KUDLIGI TALUK, BELLARY DISTRICT.
... APPELLANTS
(A2B, A2F, A2H, A2I AND A2J ARE SERVED AND UNREPRESENTED;
A1, A2(A). A2(G)-DECEASED;
A2E, A2C, A2D-UNSERVED))
AND:
1. SOORAIAH S/O. KAPURADA KAMAIAH,
AGED ABOUT 57 YEARS,
2. CHINNAIAH S/O. KAPURADA KAMAIAH,
AGED ABOUT 52 YEARS,
3. DODDAIAH S/O. KAPURADA KAMAIAH,
AGED ABOUT 50 YEARS,
4. KAMAIAH S/O. KAPURADA KAMAIAH,
AGED ABOUT 40 YEARS,
5. THIPPESWAMY S/O. KAPURADA KAMAIAH,
AGED ABOUT 32 YEARS,
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NC: 2024:KHC-D:16095
RSA No. 5101 of 2009
6. SANNA SOORAIAH S/O. KAPURADA KAMAIAH,
AGED ABOUT 24 YEARS,
7. PALAIAH S/O. LATE SOORAIAH,
AGED ABOUT 36 YEARS,
8. BUJJI MALLAIAH S/O. LATE BUJJI MALLAIAH,
SINCE DEAD BY HIS LRS
SMT. BORAMMA W/O. LATE BUJJI MALLAIAH,
8A. SINCE DEAD LEAVING BEHIND HER 8(B) TO R8(D) AS
HER LEGAL HEIRS AND R8(B) TO R8(D) ARE ALREADY ON
RECORD.
8B. BORAIAH S/O. LATE BUJJI MALLAIAH
AGED ABOUT 49 YEARS,
8C. SANNA MALLAIAH S/O. LATE BUJJI MALLAIAH
AGED ABOUT 44 YEARS,
8D. BORAMMA D/O. LATE BUJJI MALLAIAH
AGED ABOUT 39 YEARS,
ALL ARE HINDUS, AGRICULTURISTS,
R/O. NADUVALA KARNARAHATTI, H/O. HUDEM,
KUDLIGI TALUK, BELLARY DISTRICT.
... RESPONDENTS
(BY SRI. GODE NAGARAJA SIRIGERI, ADVOCATE FOR R1, R2 AND R4 TO R6;
R7, R8(B) TO R8(D)-NOTICE SERVED;
R8(B) TO (D) ARE TREATED AS LRS OF R8(A);
APPEAL ABATED AGAINST R3(V/O/DTD.05.03.2021))
THIS RSA IS FILED U/S.100 OF CPC., PAYING TO CALL FOR
RECORDS FROM THE CIVIL JUDGE (JR.DN) COURT KUDLIGI IN
O.S.NO.6/96, AND TO SET ASIDE THE JUDGMENT AND DECREE DATED
16.11.2004 PASSED BY THE CIVIL JUDGE (JR.DN) COURT KUDLIGI IN
O.S.NO.6/96 AND TO SET ASIDE THE JUDGMENT AND DECREE ON
THE FILE OF CIVIL JUDGE (SR.DN) COURT KUDLIGI IN R.A.NO.2/2005
DATED 01.01.2009. PASS APPROPRIATE ORDERS, DISMISSING THE
SUIT O.S.6/96 AND RA.NO.7/05 BY ALLOWING THE APPEAL IN
R.A.NO.2/2005 FILED B DEFENDANTS/APPELLANTS.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT
MADE THE FOLLOWING:
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NC: 2024:KHC-D:16095
RSA No. 5101 of 2009
ORAL JUDGMENT
(PER: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA)
A report is received as "served" in respect of the Court
notice issued to the appellant Nos.2B, 2F, 2H, 2I & 2J;
"unserved" in respect of appellant No.2E; appellant Nos.1, 2(A)
and 2(G) are reported to be dead; appellant No.2C is returned
stating that "not residing in given address"; appellant No.2D is
"not residing in the jurisdiction of this Court".
2. Appellant Nos.2B, 2f, 2H, 2I and 2J are duly served,
chose to remain absent. Appellant Nos.2C and 2D who are also
due L.Rs. of appellant No.2, are substantially represented
through appellant No.2B, 2F, 2H, 2I & 2J who are duly served.
3. The appeal is of the year 2009. It appears that the
appellants are not interested in prosecuting the appeal. This
Court has no option than to dismiss the appeal for
non-prosecution. Accordingly, the appeal is dismissed for non-
prosecution.
Sd/-
_____________________
JUSTICE K.S. HEMALEKHA
VNP / CT: PA
