Karnataka High Court
Smt Varadamma vs Smt Bheemakka on 16 October, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2024:KHC:41878
RSA No. 1394 of 2012
C/W RSA No. 1393 of 2012
RSA No. 1396 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 1394 OF 2012 (DEC/INJ)
C/W
REGULAR SECOND APPEAL NO. 1393 OF 2012 (DEC)
REGULAR SECOND APPEAL NO. 1396 OF 2012 (DEC)
BETWEEN:
1. SMT. VARADAMMA,
W/O LATE HALAPPA,
AGED ABOUT 53 YEARS, HOUSE MAKER,
2. SRI ANNAPPA,
S/O LATE HALAPPA,
AGED ABOUT 27 YEARS,
OCC:AGRICULTURIST,
3. SRI MANJAPPA,
S/O LATE HALAPPA,
AGED ABOUT 23 YAERS,
ALL ARE R/O HURALI VILLAGE,
ANAVATTI HOBLI, SORAB TALUK,
Digitally signed by SHIMOGA DISTRICT - 577 429.
ANUSHA V .... APPELLANTS
Location: High (COMMON IN ALL APPEALS)
Court of Karnataka
[BY SRI UMESH MOOLIMANI, ADVOCATE FOR
SRI S.V. PRAKASH, ADVOCATE (VC)]
IN RSA NO.1394/2012:
AND:
MANJAPPA
S/O MARIYAPPA,
AGED ABOUT 63 YEARS,
R/O HURALI VILLAGE,
ANAVATTI HOBLI, SORAB TALUK,
SHIMOGA DISTRICT-577 429.
.... RESPONDENT
RESPONDENT - SERVED
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NC: 2024:KHC:41878
RSA No. 1394 of 2012
C/W RSA No. 1393 of 2012
RSA No. 1396 of 2012
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT
& DECREE DATED 17.10.2011 PASSED IN R.A.NO.8/2009 ON THE
FILE OF SENIOR CIVIL JUDGE AND J.M.F.C., SORAB, ALLOWING THE
APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
12.12.2008 PASSED IN O.S.NO.83/2003 ON THE FILE OF CIVIL
JUDGE (JR.DN.), JMFC, SORAB.
IN RSA NO.1393/2012:
AND:
MALLESHAPPA,
S/O HANUMANTHAPPA,
AGED ABOUT 33 YEARS,
R/O HURALI VILLAGE,
ANAVATTI HOBLI, SORAB TALUK,
SHIMOGA DISTRICT-577 429.
.... RESPONDENT
RESPONDENT - SERVED
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT
& DECREE DATED 17.10.2011 PASSED IN R.A.NO.9/2009 ON THE
FILE OF SENIOR CIVIL JUDGE AND J.M.F.C., SORAB, ALLOWING THE
APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
12.12.2008 PASSED IN O.S.NO.87/2003 ON THE FILE OF CIVIL
JUDGE (JR.DN.), JMFC, SORAB.
IN RSA NO.1396/2012:
AND:
1. SMT. BHEEMAKKA,
W/O SHIVALINGAPPA,
AGED ABOUT 78 YEARS,
2. HANUMANTHAPPA,
S/O SHIVALINGAPPA,
AGED ABOUT 38 YEARS,
3. LAKSHMAPPA,
W/O SHIVALINGAPPA,
AGED ABOUT 35 YEARS,
ALL ARE R/O HURALI VILLAGE,
ANAVATTI HOBLI, SORAB TALUK,
SHIMOGA DISTRICT - 577 429.
.... RESPONDENTS
R-2 & R-3 ARE SERVED; V/O DTD. 28.03.2019 APPEAL
AGAINST R1 IS ABATED.
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NC: 2024:KHC:41878
RSA No. 1394 of 2012
C/W RSA No. 1393 of 2012
RSA No. 1396 of 2012
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT
& DECREE DATED 17.10.2011 PASSED IN R.A.NO.11/2009 ON THE
FILE OF SENIOR CIVIL JUDGE AND J.M.F.C., SORAB, ALLOWING THE
APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
12.12.2008 PASSED IN O.S.NO.93/2003 ON THE FILE OF CIVIL
JUDGE (JR.DN.), JMFC, SORAB.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Challenging judgment and decree dated 17.10.2011
passed by Senior Civil Judge & JMFC., Sorab, in R.A.no.8/2009
and judgment and decree dated 12.12.2008 passed by Civil
Judge (Jr.Dn.) & JMFC., Sorab, in O.S.no.83/2003, these
appeals are filed.
2. Sri Umesh Moolimani, learned counsel appearing for
Sri S.V. Prakash, learned advocate for appellant submitted that
facts and substantial questions of law in these appeals are
similar to those in R.S.A.no.1390/2012 connected with RSA
no.1410/2012 filed by appellant against different respondents
on similar facts and circumstances, wherein this Court on
07.11.2016 dismissed appeals at admission stage itself on
ground that no substantial question of law arises for
consideration.
NC: 2024:KHC:41878
3. It was submitted, these appeals are covered by
aforesaid judgment.
4. In above terms, appeals are dismissed, following
judgment dated 07.11.2016 passed by this Court in RSA
no.1390/2012 c/w RSA no.1410/2012.
In view of dismissal of appeals, pending applications are
also dismissed.
Sd/-
(RAVI V HOSMANI)
JUDGE
Psg*
