Karnataka High Court
Sri. N. Mallaiah vs Nanjemariyappa S/O Late ... on 12 August, 2025
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NC: 2025:KHC:31146
RSA No. 1370 of 2013
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR SECOND APPEAL NO. 1370 OF 2013 (PAR)
BETWEEN:
SRI. N. MALLAIAH,
S/O NANJEMARIYAPPA,
AGED ABOUT 73 YEARS,
R/AT DOOR NO.488/3,
POLICE STATION ROAD,
KRISHNARAJAPURAM,
BANGALORE.
...APPELLANT
(BY SRI. G.B.MANJUNATHA., ADVOCATE)
AND:
1. NANJEMARIYAPPA
S/O LATE NANJEMARIYAPPA,
Digitally
SINCE DEAD BY HIS LRS
signed by C
HONNUR SAB
a) MALLAMMA,
Location: W/O LATE NANJEMARIYAPPA,
HIGH COURT
OF R/O NANGALI VILLAGE,
KARNATAKA MULBAGAL TALUK,
KOLAR DISTRICT.
b) PUTTAKKAIHAMMA,
W/O PUTTAPPA,
AGED ABOUT 61 YEARS,
R/O KORACHANUR VILLAGE,
KASABA HOBLI,
MALUR TALUK, KOLAR DISTRICT - 563 130.
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RSA No. 1370 of 2013
HC-KAR
c) PUTTAMMA,
W/O NANJUNDAIAH,
AGED ABOUT 58 YEARS,
MARUTHI EXTENSION,
MALUR - 563 130,
KOLAR DISTRICT.
2. SMT. RATHNAMMA @
DODDAMOOGANNA,
AGED ABOUT 58 YEARS,
R/O KAMBLIPURA VILLAGE,
KASABA HOBLI,
MALUR TALUK - 563 130,
KOLAR DISTRICT.
3. PUTTAPPA @ APPAJAPPA,
S/O LATE DODDANANJAPPA,
AGED ABOUT 78 YEARS,
R/O KORACHANUR VILLAGE,
KASABA HOBLI,
MALUR TALUK - 563 130,
KOLAR DISTRICT.
4. NANJAMARIYAPPA,
S/O LATE AKKAYAMMA THROUGH
PUTTAPPA @ APPAJAPPA,
AGED ABOUT 58 YEARS,
R/O KORACHANUR VILLAGE,
KASABA HOBLI,
MALUR TALUK - 563 130,
KOLAR DISTRICT.
5. NAGARAJ,
S/O LATE AKKAYAMMA
AND PUTTAPPA @ APPAJAPPA
SINCE DEAD BY LRS
a) CHANDRAMMA,
W/O LATE NAGARAJ,
AGED ABOUT 43 YEARS,
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RSA No. 1370 of 2013
HC-KAR
b) KUMARI ANITHA,
D/O LATE NAGARAJ,
AGED ABOUT 27 YEARS,
c) KUMARI SWETHA,
D/O LATE NAGARAJ,
AGED ABOUT 25 YEARS,
d) MASTER LOKESH,
S/O LATE NAGARAJ,
AGED ABOUT 21 YEARS,
ALL ARE R/AT KORACHANUR VILLAGE,
KASABA HOBLI,
MALUR TALUK,
KOLAR DISTRICT - 563130.
6. NANJAPPA,
S/O LATE AKKAYAMMA
AND PUTTAPPA @ APPAJAPPA,
AGED ABOUT 41 YEARS,
RESPONDENT 5(a), (b), (c), (d)
AND 6 ARE
R/AT KORACHANUR VILLAGE,
KASABA HOBLI,
MALUR TALUK,
KOLAR DISTRICT.
7. GOWRAMMA,
AGED ABOUT 45 YEARS,
R/O DODDAIGGALUR VILLAGE,
KOLAR DISTRICT.
8. ROOPA,
W/O VISHWANATH,
AGED ABOUT 38 YEARS,
R/O VELLISANDI VILLAGE,
DONDAGANAPALLI POST,
KRISHNAGIRI DISTRICT,
TAMIL NADU.
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NC: 2025:KHC:31146
RSA No. 1370 of 2013
HC-KAR
...RESPONDENTS
(R1(a), R3, R4, R5(a) TO R5(d), R6 & R8 ARE SERVED;
R1(b) AND HER LRs - APPEAL ABATED VIDE COURT ORDER
DATED 04.02.2020;
R1(c) - SERVICE OF NOTICE IS DISPENSED WITH VIDE
COURT ORDER DATED 04.08.2025;
R7 - SERVICE OF NOTICE IS HELD SUFFICIENT VIDE
COURT ORDER DATED 04.02.2020)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGMENT & DECREE DATED 29.5.2013 PASSED IN
R.A.NO.97/2011 ON THE FILE OF SENIOR CIVIL JUDGE,
MALUR, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 29.9.2007 PASSED IN
OS.NO.241/2000 ON THE FILE OF PRINCIPAL CIVIL JUDGE
(JR.DN.), MALUR.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL JUDGMENT
It is submitted that the sole appellant died. Steps are not
taken to bring his legal representatives on record. In view of
the same, Appeal is dismissed as abated.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
BSV
