Karnataka High Court
Sri.Revanappa S/O Shidappa Morabad vs Smt.Gouravva W/O Malappa Muddennaver on 23 November, 2024
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NC: 2024:KHC-D:17105-DB
RFA No.100028 of 2016
C/W RFA No.100035 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR. JUSTICE T. G. SHIVASHANKARE GOWDA
REGULAR FIRST APPEAL NO.100028 OF 2016 (PAR/POS)
C/W
REGULAR FIRST APPEAL NO.100035 OF 2016 (PAR/POS)
IN REGULAR FIRST APPEAL NO.100028 OF 2016
BETWEEN:
SRI. REVANAPPA S/O SHIDAPPA MORABAD,
SINCE DIED BY LRS.
1.A SMT. BASAVANNEVVA
W/O REVANAPPA MORABAD
AGE: 70 YEARS, OCC: HOUSEHOLD WORK
R/O: RAYANAL, TQ: HUBBALLI,
DIST: DHARWAD.
1.B SRI. BASAVARAJ
S/O REVANEPPA MORABAD
AGE: 42 YEARS, OCC: AGRICULTURE,
MANJANNA
R/O: RAYANAL, TQ: HUBBALLI,
E DIST: DHARWAD.
Digitally signed by
MANJANNA E
Location: High Court of
Karnataka, Dharwad Bench
Date: 2024.11.25 11:03:48
+0530 1.C SRI. PRAKASH
S/O REVANEPPA MORABAD
AGE: 40 YEARS, OCC: AGRICULTURE
R/O: RAYANAL, TQ: HUBBALLI,
DIST: DHARWAD.
1.D SMT. NEELAVVA
W/O SIDDAPPA GALI
AGE: 46 YEARS, OCC: HOUSEHOLD WORK,
R/O: RAYANAL, TQ: HUBBALLI,
DIST: DHARWAD.
1.E SMT. PREMA
W/O JAGADISH YALBURGI @ WALI
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NC: 2024:KHC-D:17105-DB
RFA No.100028 of 2016
C/W RFA No.100035 of 2016
AGE: 42 YEARS, OCC: HOUSEHOLD WORK
R/O: RAYANAL, TQ: HUBBALLI,
DIST: DHARWAD.
1.F SMT. RENUKA
W/O BASANAGOUDA SHIVANAGOUDAR
AGE: 38 YEARS, OCC: HOUSEHOLD WORK.
R/O: RAYANAL, TQ: HUBBALLI,
DIST: DHARWAD.
2. RUDRAPPA S/O SHIDAPPA MORABAD
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O: RAYANAL, TQ: HUBBALLI,
DIST: DHARWAD.
...APPELLANTS
(BY SRI S.C. JAINAR, ADVOCATE)
AND:
SMT. GOURAVVA W/O MALLESHAPPA
@ MALAPPA MUDENAVAR SINCE DEAD BY LRS.
1.A MR. YALLAPPA S/O MALAPPA
@ MALLESHAPPA MUDENAVAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.
1.B SMT. FAKEERAVVA W/O RUDRAPPA GOKUL
AGE: MAJOR, OCC: AGRICULTURE,
R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.
1.C SMT. CHANNAVVA W/O GURUSIDDAPPA SAUNSHI
AGE: MAJOR, OCC: AGRICULTURE,
R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.
SMT. KALLAWWA
W/O SANGAPPA HANGAL SINCE DEAD BY LRS.
2.A SANGAPPA BASAPPA HANAGAL
AGE: MAJOR, OCC: AGRICULTURE,
R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.
2.B PARASHURAM SANGAPPA HANAGAL
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: RAYANAL, TQ: HUBBALLI,
DIST: DHARWAD.
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NC: 2024:KHC-D:17105-DB
RFA No.100028 of 2016
C/W RFA No.100035 of 2016
2.C SMT. NIRMALA W/O GURUSIDDAPPA HAIBATTI
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: BIDNAL, TQ: HUBBALLI, DIST: DHARWAD.
2.D BASAVARAJ SANGAPPA HANAGAL
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.
2.E GANGAVVA W/O SANGAPPA HANAGAL
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: RAYANAL, TQ: HUBBALLI,
DIST: DHARWAD.
2.F CHANNAPPA BASAPPA ALLAPPADAVAR
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.
2.G BASAVARAJ CHANNAPPA ALLAPPADAVAR
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.
2.H NAGAVVA W/O BASAPPA HANAGAL
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.
2.I KALLAWWA W/O MADIWALAPPA HANAGAL
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.
2.J MANJULA W/O KOTRESH YARESIMI
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O: RAYANAL, TQ: HUBBALLI,
DIST: DHARWAD.
2.K AKKAMMA W/O PRASHANT SHYANABOG
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O: RAYANAL, TQ: HUBBALLI,
DIST: DHARWAD.
3. SMT. YELLAWWA W/O GADIGAPPA HUMBHI,
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: VANAHALLI, TQ: DIST: DHARWAD.
4. SMT. FAKEERAWWA W/O IRAPPA BADASHETTI
AGE: 71 YEARS, OCC: AGRICUKLTURE,
R/O. INAMHONGAL, TQ: SAUNDATTI,
DIST: BELAGAVI.
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NC: 2024:KHC-D:17105-DB
RFA No.100028 of 2016
C/W RFA No.100035 of 2016
5. SMT. MALLAVVA W/O RUDRAPPA GABBUR,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.
...RESPONDENTS
(BY SRI M.L. VANTI, ADV. FOR R3 & R4;
SRI ARUN L. NEELOPANT, ADV. FOR R5;
NOTICE TO PROPOSED RESPONDENT NOS.1(A), 1(B), 1(C),
2(B), 2(D), 2(E), 2(F), 2(G), 2(H), 2(I), 2(J), 2(K) IS SERVED)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
AND R/W UNDER ORDER 41 RULE 1 AND 2 OF THE CODE OF CIVIL
PROCEDURE OF 1908, PRAYING TO, MODIFY THE JUDGMENT AND
DECREE PASSED IN OS NO.43/2008 DATED 15.10.2015 TO THE
EXTENT OF THE SHARES ALLOTTED TO THE RESPONDENTS NO.01
TO 05 (ALL FEMALE DAUGHTERS OF LATE SHIDAPPA) TO THE
EFFECT THAT THEY ARE NOT AT ALL ENTITLED TO ANY KIND OF
SHARES IN 'B' AND 'C' SUIT SCHEDULE PROPERTIES AS IT IS HIT BY
SECTION 23 OF THE HINDU SUCCESSION ACT OF 1956. AS PER THE
TRIAL COURT DECREE THE PLAINTIFF (PRESENT RESPONDENT NO.5
IN THIS APPEAL) IN THE TRIAL COURT HAS VALUED THE 'B' AND 'C'
SUIT SCHEDULE PROPERTIES TOTALLY AT RS.10,29,000 & ETC.,
IN REGULAR FIRST APPEAL NO.100035 OF 2016
BETWEEN:
SMT. MALLAVVA W/O. RUDRAPPA GABBUR,
AGE:57 YEARS, OCC: AGRICULTURE,
R/O: RAYANAL VILLAGE, TQ: HUBBALLI,
DIST: DHARWAD-580001.
...APPELLANT
(BY SRI ARUN L. NEELOPANT, ADVOCATE)
AND:
1. SMT. GOURAVVA W/O MALLAPPA MUDENNAVAR,
AGE: 67 YEARS, OCC: HOUSEHOLD WORK,
R/O: RAYANAL VILLAGE, TQ: HUBBALLI,
DIST: DHARWAD-580001.
2. REVANEPPA S/O. SIDDAPPA MORABAD,
AGE: 72 YEARS, OCC: AGRICULTURE,
R/O: RAYANAL VILLAGE, TQ: HUBBALLI,
DIST: DHARWAD-580001.
-5-
NC: 2024:KHC-D:17105-DB
RFA No.100028 of 2016
C/W RFA No.100035 of 2016
3. RUDRAPPA S/O SIDDAPPA MORABAD,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: RAYANAL VILLAGE, TQ: HUBBALLI,
DIST: DHARWAD-580001.
4. SMT. KALLAVVA W/O SANGAPPA HANAGAL,
AGE: 63 YEARS, OCC: HOUSEHOLD WORK,
R/O: RAYANAL VILLAGE, TQ: HUBBALLI,
DIST: DHARWAD-580001.
5. SMT. YALLAVVA W/O. GADIGEPPA HUMBI,
AGE: 61 YEARS, OCC: HOUSEHOLD WORK,
R/O: VANAHALLI VILLAGE, TQ: HUBBALLI,
DIST:DHARWAD-580001.
6. SMT. FAKIRAVVA W/O IRAPPA BUDAKATTI,
AGE: 65 YEARS, OCC: HOUSEHOLD WORK,
R/O: INAMHONGAL, TQ: SAUNDATTI,
DIST: DHARWAD-590002.
7. THE SPECIAL LAND ACQUISITION OFFICER,
N.H-4, D.C. COMPOUND, MINI VIDHAN SOUDHA,
DHARWAD-580001.
(DELETED AS PER ORDER DATED 27.07.2016)
...RESPONDENTS
(BY SRI VINOD SHANKAR PAWAR, SRI R.H. PATIL &
SRI S.C. JAINAR, ADVOCATES FOR R3;
SRI M.L.VANTI, ADV. FOR R5 & R6; R7-DELETED;
R1, R2, R4-DECEASED; APPEAL IS DISMISSED
AGAINST R1, R2, R4 V/O DT:03.11.2023)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF
CPC., PRAYING TO, SET ASIDE THE IMPUGNED JUDGMENT AND
DECREE DATED 15.10.2015 PASSED IN OS NO.43/2008 BY THE
COURT OF I ADDITIONAL SENIOR CIVIL JUDGE HUBBALLI AND
DISMISS COUNTER CLAIM OF THE DEFENDANT NO.2 IN SO FAR AS
COUNTER CLAIM B SCHEDULE PROPERTY AND TO DECREE THE SUIT
BEARING OS NO.43/2008 IN ENTIRETY IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR. JUSTICE T. G. SHIVASHANKARE GOWDA
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NC: 2024:KHC-D:17105-DB
RFA No.100028 of 2016
C/W RFA No.100035 of 2016
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR)
IN RFA NO. 100028/2016 :
Order sheet dated 03.11.2023 speaks a lot about how the
appellants are prosecuting the appeal. Utter negligence is
forthcoming. Appellants' counsel is absent. Steps are not taken
quite a longtime. Paper books have also not been filed. One of
the legal representatives of second respondent is dead. No
attempt is made to bring the legal representatives of deceased
on record. For all these reasons, appeal is dismissed for non
prosecution.
IN RFA NO.100035/2016 :
Order sheet dated 03.11.2023 shows that final
opportunity was given to the counsel to make necessary
applications to implead legal representatives of respondents 1,
2 and 4. Since then no attempt is made. Applications are not
filed. Appellants' counsel is absent. Therefore appeal abates
against respondents 1, 2 and 4. Consequently the entire appeal
stands abated and appeal is dismissed as abated.
Sd/-
(SREENIVAS HARISH KUMAR)
JUDGE
Sd/-
(T. G. SHIVASHANKARE GOWDA)
JUDGE
EM
