Karnataka High Court
Sri Narayana Reddy Since Dead By His Lrs vs Venkataswamy Reddy on 25 October, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2024:KHC:43144
RSA No. 2301 of 2011
C/W RSA No. 366 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 2301 OF 2011 (DEC)
C/W
REGULAR SECOND APPEAL NO. 366 OF 2011 (DEC)
IN RSA No. 2301/2011
BETWEEN:
1. SRI NARAYANA REDDY
SINCE DEAD BY HIS LRS.
a) SHIVANANDA REDDY
AGED ABOUT 55 YEARS,
b) SRI NARAYANASWAMY
AGED ABOUT 52 YEARS,
c) SRI RAVIKUMAR
Digitally signed by AGED ABOUT 50 YEARS,
ANUSHA V
Location: High d) SRI RAMARAJU
Court Of AGED ABOUT 45 YEARS,
Karnataka
ALL ARE SONS OF LATE NARAYANA REDDY
R/O. VARTHANAHALLI VILLAGE,
KASABA HOBLI,
SRINIVASAPURA TALUK,
KOLAR DISTRICT. 563 131.
2. PILLAMMA DEAD BY LRS.
PEDDARAMAPPA
S/O MUNIBAYYANNA
AGED ABOUT 57 YEARS,
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RSA No. 2301 of 2011
C/W RSA No. 366 of 2011
R/O SEEKAL VILLAGE,
CHINTAMANI TALUK,
CHICKBALLAPURA DISTRICT
...APPELLANTS
(BY SRI. L VENKATARAMA REDDY, ADVOCATE - ABSENT)
AND:
1. VENKATASWAMY REDDY
S/O KEMPI REDDY
AGED ABOUT 62 YEARS,
R/O MUGILAHALLI VILLAGE,
KASABA HOBLI, SRINIVASAPURA TALUK,
KOLAR DISTRICT.563 131.
2. MUNIVENKATA REDDY
S/O SUBBI REDDY
AGED ABOUT 57 YEARS,
3. SONNAPPAA REDDY
S/O SUBBA REDDY
AGED ABOUT 52 YEARS,
NOS.2 AND 3 ARE RESIDING AT
SEEKAL VILLAGE,
CHINTAMANI TALUK
KOLAR DISTRICT.563 131.
4. RAMAKRISHNA REDDY
S/O NANJUNDA REDDY
AGED ABOUT 57 YEARS,
R/O VARTHANAHALLI VILLAGE,
KASABA HOBLI, SRINIVASAPURA TALUK,
KOLAR DISTRICT.563 131
...RESPONDENTS
(BY SRI. VINOD REDDY, ADVOCATE FOR R-2 & R-3 - ABSENT;
APPEAL AGAINST R-1 IS DISMISSED AS ABATED VIDE ORDER
DATED 03.04.2019; R-4 - SERVED)
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RSA No. 2301 of 2011
C/W RSA No. 366 of 2011
***
THIS RSA IS FILED UNDER SECTION 100 OF CODE OF
CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND
DECREE DATED 12.11.2010 PASSED IN R.A.NO.36/2009 ON
THE FILE OF THE PRL. DISTRICT JUDGE, KOLAR, ALLOWING
THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE
DATED 7.3.2009 PASSED IN O.S.NO.25/1997 (OLD
NO.234/1987) ON THE FILE OF THE I ADDL. CIVIL JUDGE
(SR.DN) KOLAR, PARTLY DECREEING THE SUIT FOR
DECLARATION, POSSESSION AND MESNE PROFITS.
IN RSA NO. 366/2011
BETWEEN:
1. SRI MUNIVENKATA REDDY
AGED ABOUT 56 YEARS
S/O SRI SUBBI REDDY
2. SRI SONNAPPA REDDY
AGED ABOUT 51 YEARS
S/O SRI SUBBI REDDY
As. 1 AND 2 ARE RESIDENTS
OF MOGILAHALLI, KASABA HOBLI
SRINIVASAPURA TALUK,
KOLAR DISTRICT. 563 135.
...APPELLANTS
(BY SRI.VINOD REDDY, ADVOCATE)
AND:
1. SRI VENKATASWAMY REDDY
AGED ABOUT 61 YEARS
S/O SRI KEMPI REDDY
MOGILAHALLI, KASABA HOBLI
SRINIVASAPURA TALUK
KOLAR DISTRICT.563135.
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RSA No. 2301 of 2011
C/W RSA No. 366 of 2011
R-1 DIED ON 22.03.2012.
1(a) JAYARAMA REDDY,
AGED ABOUT 48 YEARS,
S/O. LATE VENKATASWAMY REDDY,
R/AT MOGILAHALLY VILLAGE,
CHALDIGONAHALLY POST,
SRINIVASAPURA TALUK,
KOLAR DISTRICT.
1(b) ENTARAMA REDDY,
AGED ABOUT 37 YEARS,
S/O. LATE VENKATASWAMY REDDY,
R/AT MOGILAHALLY VILLAGE,
CHALDIGONAHALLY POST
SRINIASAPURA TALUK,
KOLAR DISTRICT.
2. SRI RAMAKRISHNA REDDY
AGED ABOUT 41 YEARS
S/O SRI NANJUND REDDY
R/O VARTHANAHALLI VILLAGE
KASABA HOBLI,
SRINIVASAPURA TALUK
KOLAR DISTRICT. 563 135.
3. SRI NARAYANA REDDY DEAD BY LRS.
a) SHIVANANDA REDDY
AGED ABOUT 52 YEARS
S/O LATE NARAYANA REDDY
b) NARAYANASWAMY
AGED ABOUT 56 YEARS
S/O LATE NARAYANA REDDY
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RSA No. 2301 of 2011
C/W RSA No. 366 of 2011
c) RAVIKUMAR
AGED ABOUT 51 YEARS
S/O LATE NARAYANA REDDY
d) RAMESH
AGED ABOUT 49 YEARS
S/O LATE NARAYANA REDDY
e) RAMARAJU
AGED ABOUT 46 YEARS
S/O LATE NARAYANA REDDY
Rs. 3(a) to (e) ARE RESIDENTS
OF VARTHANAHALLI VILLAGE
KASABA HOBLI
SRINIVASAPURA TALUK
KOLAR DISTRICT. 563 135.
4. SMT PILLAMMA DEAD BY LRS
a) PEDDARAMAPPA
AGED ABOUT 56 YEARS
S/O LATE PILLAMMA & MUNIBYANNA,
SEEKAL VILLAGE
CHINTHAMANI TALUK
CHICKABALLAPURA DISTRICT.562101.
...RESPONDENTS
(BY SRI. M S VARADARAJAN AND SRI.SANTOSH,
ADVOCATES FOR R-1(a) and (b) - ABSENT; R-2, R-3(a) to
R-3(e) and R-4(a) ARE SERVED)
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NC: 2024:KHC:43144
RSA No. 2301 of 2011
C/W RSA No. 366 of 2011
***
THIS RSA IS FILED UNDER SECTION 100 OF THE CODE
OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND
DECREE DATED 12.11.2010 PASSED IN R.A.NO.36/2009 ON
THE FILE OF THE PRL. DISTRICT JUDGE, KOLAR, ALLOWING
THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE
DATED 7.3.2009 PASSED IN O.S.NO.25/1997 (OLD
NO.234/1987) ON THE FILE OF THE I ADDL. CIVIL JUDGE
(SR.DN) KOLAR, PARTLY DECREED THE SUIT FOR
DECLARATION, POSSESSION, MESNE PROFITS.
THESE RSAs, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL ORDER
Though these matters were passed over and called again,
there is no representation in both appeals. It is seen that
R.S.A.no.2301/2011 filed in year 2011 is by defendants no.4
and 5 and R.S.A.no.366/2011 filed in year 2011 is by
defendants no.1 and 2. Respondent no.1 in both appeals is
plaintiff. Both these appeals arise out of a common judgment
and decree for declaration of title and possession in favour of
respondent no.1 - plaintiff. Order sheet in R.S.A.No.2301/2011
would indicate that appeal is dismissed as abated against
respondent no.1 for failure to take steps. More than five years
have lapsed since then. This would indicate that appellants are
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not diligent in pursuing appeals. Accordingly, both appeals are
dismissed for non-prosecution.
Sd/-
(RAVI V HOSMANI)
JUDGE
BMV*
