Karnataka High Court
Smt.Earamma W/O. Shivalingappa ... vs Smt.Mahadevi W/O Gundappa Ullagaddi ... on 28 October, 2024
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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NC: 2024:KHC-K:7957
RSA No. 200035 of 2017
C/W RSA No. 200036 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
REGULAR SECOND APPEAL NO. 200035 OF 2017 (PAR)
C/W
REGULAR SECOND APPEAL NO. 200036 OF 2017 (PAR)
IN RSA.NO.200035/2017:
BETWEEN:
SMT. EARAMMA
W/O SHIVALINGAPPA ULLAGADDI,
AGE: 66 YEARS, OCC: HOUSEHOLD,
R/O. MAHAGAON,
TQ. & DIST. KALABURAGI-585316.
Digitally signed by
SHIVALEELA ...APPELLANT
DATTATRAYA UDAGI
Location: HIGH (BY SRI AJAY KUMAR A.K., ADVOCATE)
COURT OF
KARNATAKA AND:
1. SMT. MAHADEVI
W/O GUNDAPPA ULLAGADDI,
AGE: 54 YEARS, OCC: GOVT. SERVANT,
R/O. C/O. GOVT. GENERAL HOSPITAL,
KALABURAGI, DIST. KALABURAGI-585101.
2. SMT. ANNAPURNA
W/O. SHIVANANDA ULLAGADDI,
AGE: 46 YEARS, OCC: GOVT. TEACHER,
R/O. MAHAGOAN CROSS,
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NC: 2024:KHC-K:7957
RSA No. 200035 of 2017
C/W RSA No. 200036 of 2017
AT POST: MAHAGAON,
TQ. & DIST. KALABURAGI-585316.
3. SMT. MAHADEVI
W/O SHARANAPPA AURADKAR (ULLAGADDI),
AGE: 54 YEARS, OCC: HOUSEHOLD,
R/O. MAHAGAON CROSS, AT POST: MAHAGAON,
TQ. & DIST. KALABURAGI-585316.
4. SMT. SARASWATI W/O KARABASAPPA MAILAR,
AGE: 62 YEARS, OCC: HOUSEHOLD,
R/O. KODAMBAL VILLAGE, TQ. HUMNABAD,
DIST. BIDAR-585330.
5. SMT. SANGAMMA W/O SIDDANNA IVANI,
AGE: 56 YEARS, OCC: HOUSEHOLD,
R/O. CHITVAL PET, CHITTAPUR,
TQ. CHITTAPUR, DIST. KALABURAGI-585211.
...RESPONDENTS
(BY SRI GANESH S. KALBURGI, SRI ANANTH S. JAHAGIRDAR
AND SRI G. V. DESHPANDE, ADVOCATE FOR R1 AND R2;
SRI CHAITANYAKUMAR C.M, ADVOCATE FOR R4 AND R5;
R3 SERVED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE
JUDGMENT AND DECREE DATED 14.09.2016 PASSED IN
R.A.NO.12/2012 BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
KALABURAGI AND VIDE JUDGMENT AND DECREE DATED
08.11.2011 IN O.S.NO.85/2010 BY THE II ADDITIONAL CIVIL
JUDGE, KALABURAGI CONSEQUENTLY DECREE THE SUIT OF
THE PLAINTIFF AS PRAYED FOR.
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NC: 2024:KHC-K:7957
RSA No. 200035 of 2017
C/W RSA No. 200036 of 2017
IN RSA.NO.200036/2017:
BETWEEN:
SMT. EARAMMA W/O SHIVALINGAPPA ULLAGADDI,
AGE: 66 YEARS, OCC: HOUSEHOLD,
R/O. MAHAGAON,
TQ. & DIST. KALABURAGI-585316.
...APPELLANT
(BY SRI AJAYKUMAR A. K., ADVOCATE)
AND:
1. SMT. MAHADEVI
W/O GUNDAPPA ULLAGADDI,
AGE: 54 YEARS,
OCC: GOVT. SERVANT,
R/O. C/O. GOVT. GENERAL HOSPITAL,
KALABURAGI, DIST. KALABURAGI-585101.
2. SMT. ANNAPURNA
W/O. SHIVANANDA ULLAGADDI,
AGE: 46 YEARS,
OCC: GOVT. TEACHER,
R/O. MAHAGAON CROSS,
AT POST: MAHAGAON,
TQ. & DIST. KALABURAGI-585316.
3. SMT. MAHADEVI
W/O SHARANAPPA AURADKAR (ULLAGADDI),
AGE: 54 YEARS, OCC: HOUSEHOLD,
R/O. MAHAGAON CROSS,
AT POST: MAHAGAON,
TQ. & DIST. KALABURAGI-585316.
4. SMT. SARASWATI
W/O KARABASAPPA MAILAR,
AGE: 62 YEARS, OCC: HOUSEHOLD,
R/O. KODAMBAL VILLAGE,
TQ. HUMNABAD,
DIST. BIDAR-585330.
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NC: 2024:KHC-K:7957
RSA No. 200035 of 2017
C/W RSA No. 200036 of 2017
5. SMT. SANGAMMA W/O SIDDANNA IVANI,
AGE: 56 YEARS, OCC: HOUSEHOLD,
R/O. CHITVAL PET, CHITTAPUR,
TQ. CHITTAPUR,
DIST. KALABURAGI-585211.
...RESPONDENTS
(BY SRI GANESH S. KALBURGI, ADVOCATE FOR R1 AND R2;
SRI CHAITANYAKUMAR C.M., ADVOCATE FOR R4 AND R5;
R3 SERVED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE
JUDGMENT AND DECREE DATED 14.09.2016 PASSED IN
RA.NO.44/2012 BY THE I ADDITIONAL SENIOR CIVIL JUDGE,
KALABURAGI AND VIDE JUDGMENT AND DECREE DATED
08.11.2011 IN O.S.NO.85/2010 BY THE II ADDITIONAL CIVIL
JUDGE, KALABURAGI CONSEQUENTLY DECREE THE SUIT OF
THE PLAINTIFF AS PRAYED FOR.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL)
Learned counsel for the appellant filed a memo dated
04.04.2024 along with copy of letter address to the sole
appellant informing of his retirement from the matter and
NC: 2024:KHC-K:7957
the postal receipt is also enclosed. According to the counsel
for the appellant the said letter has already been received.
2. On 16.10.2024, learned counsel for respondent
Nos.1 and 2 had submitted that through respondent No.2,
who is the sister of the appellant, pendency of the appeals,
would be intimated to the appellant.
3. Today, it is submitted that the phone number of
the son of the appellant was forwarded to the counsel for
the appellant which is 9980365123.
4. Learned counsel for the appellant submits that,
he contacted the son of the appellant on the aforesaid
number and he indeed informed about pendency of the
matter. Yet there is no instruction from their side to
proceed with the matter.
5. Memo of retirement is accepted. Learned
counsel for the appellant is permitted to retire from matter.
6. In view of the above, it is clear that the
appellant has been well informed about pendency of the
NC: 2024:KHC-K:7957
appeals. There is no alternate arrangement is made.
Appellant does not seem to be interested in prosecuting
the appeals. Hence, the appeals are dismissed for non-
prosecution on payment of costs of `5,000/- each.
Sd/-
(M.G.S.KAMAL)
JUDGE
SN
CT:PK
