Sri M Venkataramanappa vs Sri Shamanna
2024 Latest Caselaw 27634 Kant

Karnataka High Court

Sri M Venkataramanappa vs Sri Shamanna on 19 November, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

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                                                                NC: 2024:KHC:46686
                                                           RSA No. 1072 of 2012




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 19TH DAY OF NOVEMBER, 2024
                                              BEFORE
                         THE HON'BLE MR JUSTICE RAVI V HOSMANI
                  REGULAR SECOND APPEAL NO.1072 OF 2012 (DEC/INJ)
                 BETWEEN:
                       SRI M.VENKATARAMANAPPA,
                       S/O MARAPPA, AGED ABOUT 73 YEARS,
                       R/AT BARAGUR VILLAGE, LAKKUR HOBLI,
                       MALUR TALUK, KOLAR DISTRICT - 563 130.
                                                                      ...APPELLANT
                 (BY SRI B.A. BELLIAPPA & SRI ASWATHNARAYAN, ADVS.)
                 AND:
                 1.    SRI SHAMANNA,
                       S/O BEEDI MUNISHAMAPPA,
                       AGED ABOUT 62 YEARS,
                 2.    SRI RAVI @ MUNISWAMY,
                       S/O SHAMANNA,
                       AGED ABOUT 33 YEARS,
                 3.    SRI. APPASWAMAPPA
                       (SINCE DEAD BY LRS)
                       SRI.B.A. NARAYANASWAMY
                       S/O APPASWAMAPPA, AGED 48 YEARS,
Digitally signed 4.    SRI B.A. PRAKASH,
by ANUSHA V            S/O APPASWAMAPPA,
Location: High         AGED ABOUT 43 YEARS,
Court Of
                 5.    SRI SHASHIKUMAR,
Karnataka
                       S/O APPASWAMAPPA,
                       AGED ABOUT 38 YEARS,
                 6.    SRI. B.M. HANUMANTHAPPA,
                       S/O MUNIVENKATAPPA @ DODDANNA,
                       AGED ABOUT 65 YEARS
                       THE RESPONDENTS NO.1 TO 6 ARE
                       R/AT BARAGUR VILLAGE,
                       LAKKUR HOBLI, MALUR TALUK,
                       KOLAR DISTRICT - 563 130.
                                  -2-
                                               NC: 2024:KHC:46686
                                            RSA No. 1072 of 2012




7.   SRI. P. RAJANNA,
     S/O BACHAPPA, AGED ABOUT 51 YEARS,
     R/AT NARYANAHALLI VILLAGE, ANEKAL TALUK,
     BANGALORE DISTRICT - 562 106.
                                                  ...RESPONDENTS
(BY R2, R3, R5, R6 & R7 ARE SERVED;
    V/O DATED 10.12.2019 APPEAL AGAINST R4 IS DISMISSED &
    R4 IS DELETED FROM THE CAUSE TITLE;
    V/O DATED 08.11.2023 R2 IS THE LR OF R1)

       THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT
& DECREE DTD 1.7.2010 PASSED IN R.A.NO.275/2008 ON THE FILE
OF II ADDITIONAL CIVIL JUDGE (SR.DN.), KOLAR, ITINERATING AT
MALUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DTD 29.8.2008 PASSED IN OS.NO.339/2006 ON THE
FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.), MALUR.


       THIS APPEAL, COMING ON FOR HEARING ON I.A., THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:       HON'BLE MR JUSTICE RAVI V HOSMANI

                         ORAL JUDGMENT

Learned counsel for appellant submits that sole appellant

died a year ago and seeks permission to file applications.

In view of above, since applications are not filed in time,

appeal is dismissed as abated.

Sd/-

(RAVI V HOSMANI) JUDGE

GRD