Munirajappa S/O Late Doddamallaiah vs Krishnappa
2024 Latest Caselaw 27412 Kant

Karnataka High Court

Munirajappa S/O Late Doddamallaiah vs Krishnappa on 14 November, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                -1-
                                                            NC: 2024:KHC:46319
                                                           RSA No. 144 of 2010



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 14TH DAY OF NOVEMBER, 2024

                                             BEFORE

                           THE HON'BLE MR JUSTICE RAVI V HOSMANI

                         REGULAR SECOND APPEAL NO. 144 OF 2010 (PAR)

                   BETWEEN:

                   MUNIRAJAPPA
                   S/O LATE DODDAMALLAIAH
                   AGED ABOUT 60 YEARS
                   R/O SRIRAMANAHALLI VILLAGE
                   AREKERE POST
                   HESARAGHATTA HOBLI
                   BANGALORE NORTH TALUK,

                   REP BY HIS GPA HOLDER,
                   MALLESH
                   S/O MUNIRAJAPPA
                   AGED 37 YEARS
                   R/O SRIRAMANAHALLI VILLAGE,
                   AREKERE POST,
                   HESARAGHATTA HOBLI,
                   BANGALORE NORTH TALUK - 562 113
Digitally signed                                                   ...APPELLANT
by ANUSHA V
Location: High     [BY SRI. S. VEMA REDDY, ADVOCATE - (ABSENT)]
Court Of           AND:
Karnataka
                   1.    KRISHNAPPA
                         S/O LATE KEMPAIAH
                         SINCE DECEASED BY HIS LR

                   1A.   SMT HANUMAKKA
                         W/O LATE KRISHNAPPA
                         AGE MAJOR,
                         R/O CHENNANAHALLI VILLAGE
                         HOSUR HOBLI,
                         KADALAVANI POST
                         GOWRIBIDANUR TALUK
                               -2-
                                         NC: 2024:KHC:46319
                                        RSA No. 144 of 2010



      CHIKKABALLAPUR DIST. - 561 208

2.    SMT LINGAMMA
      D/O LATE KEMPAIAH
      AGED ABOUT 50 YEARS
      R/O SRIRAMANAHALLI VILLAGE,
      ARAKERE POST
      HESARAGHATTA HOBLI
      BANGALORE NORTH TALUK

3.    SRI RAMAIAH
      MAJOR
      S/O SRI CHIKKANANAJAPPA

4.    SRI BYAPPA
      MAJOR
      S/O SRI CHIKKANANAJAPPA

5.    SRI SIDDAPPA
      MAJOR
      S/O SRI RAMAIAH

6.    SRI MUNIOYAPPA
      MAJOR
      S/O SRI RAMAIAH

      R-3 TO R-6 ARE R/O
      KODIGE THIRUMALAPURA VILLAGE
      HESARAGHATTA HOBLI
      BANGALORE NORTH TALUK - 562 113

7.    SRI H BASHA
      MAJOR
      S/O LATE AKRUDDIN SAB

8.    SRI KARIYAPPA
      MAJOR
      S/O HANUMANTHARAYAPPA

9.    SRI THIMMAPPA
      S/O CHIKKANNA
      SINCE DEAD BY LRS

9A.   SMT JAYALAKSHMAMMA
      MAJOR
                              -3-
                                         NC: 2024:KHC:46319
                                        RSA No. 144 of 2010



      W/O LATE THIMMAPPA

9B.   SMT SHARADAMMA
      MAJOR
      W/O LATE THIMMAPPA

9C.   SRI RAMACHANDRAPPA
      MAJOR
      S/O LATE THIMMAPPA

9D. SMT GANGALAKSHMI
    MAJOR
    D/O LATE THIMMAPPA

9E.   T DEVARAJU
      MAJOR
      S/O LATE THIMMAPPA

      R-7 TO R-13 ARE R/AT HURALICHIKKANAHALLI
      HESARAGHATTA HOBLI
      BANGALORE NORTH TALUK

9F.   SMT. SUDHA LAKSHMI
      D/O LATE C.THIMMAPPA
      W/O RAMDAS,
      R/AT VAJRAKATTE
      NELAMANGALA TALUK
      BANGALORE RURAL DISTRICT 562123

10.   SRI P CHANDRASHEKAR
      MAJOR
      S/O LATE PUTTAPPA
      R/O HOUSE N.49,2ND CROSS
      1ST MAIN ROAD,
      SUNDRANAGARGOKUL POST
      BANGALORE560054
                                                 ...RESPONDENTS

(R1(A)-SERVED)

      THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 06.10.2009 PASSED IN
R.A.NO.62/2006 ON THE FILE OF THE PRESIDING OFFICER, FAST
TRACK COURT-IV,    BANGALORE RURAL DISTRICT, BANGALORE,
                                           -4-
                                                          NC: 2024:KHC:46319
                                                         RSA No. 144 of 2010



DISMISING THE APPEAL AND CONFIRMING THE JUDGMENT AND
DECREE DATED 03.02.2006 PASSED IN O.S.NO.63/1999 ON THE
FILE OF THE II ADDITIONAL CIVIL JUDGE (SENIOR DIVISION)
BANGALORE RURAL DISTRICT, BANGALORE.

       THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:       HON'BLE MR JUSTICE RAVI V HOSMANI


                              ORAL JUDGMENT

Matter was passed over and called again. There is no

representation.

2. Even on last occasion, there was similar

circumstance and adjournment was granted on cost. Appellant

has neither appeared nor paid cost. This would indicate that

appellant is not diligent in pursuing matter.

3. In view of above, appeal is dismissed for

non-prosecution by imposing cost of Rs.5,000/- (Rupees Five

Thousand) payable to Chief Minister's Relief Fund.

Sd/-

(RAVI V HOSMANI) JUDGE

TS