Smt Chinnawwa vs Shri Mudakappa Rudrappa
2025 Latest Caselaw 1816 Kant

Karnataka High Court

Smt Chinnawwa vs Shri Mudakappa Rudrappa on 29 July, 2025

                                                    -1-
                                                                 NC: 2025:KHC-D:9341
                                                               RSA No. 5206 of 2008


                       HC-KAR



                             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                   DATED THIS THE 29TH DAY OF JULY, 2025

                                                  BEFORE
                                   THE HON'BLE MR. JUSTICE G BASAVARAJA
                           REGULAR SECOND APPEAL NO. 5206 OF 2008 (DEC/INJ)


                      BETWEEN:

                      1.    SMT. CHINNAWWA W/O. JINNAPPA TERAGAVI
                            AGE. 70 YEARS, OCC. HOUSEHOLD AND AGRICULTURE,
                            R/O. DEGAONI, TQ. BAILHONGAL,
                            BELGAUM.

                      2.    TIPPANNA JINNAPPA TERAGAVI
                            AGE. 50 YEARS, OCC. AGRICULTURE,
                            R/O. DEGAON, TQ. BAILHONGAL.
                            DIST.BELGAUM.

                      3.    BASAPPA JINNAPPA TERAGAVI
                            SINCE DECEASED BY HIS LEGAL HEIRS,
                            APPELLANT NO. 2 AND 4 TO 7
                      4.    BAHUBALI JINNAPPA TERAGAVI
                            AGE. 44 YEARS, OCC. AGRICULTURE,
                            R/O. DEGAON, TQ.BAILHONGAL
                            DIST. BELGAUM
Digitally signed by
MALLIKARJUN
RUDRAYYA KALMATH
Location: HIGH
                      5.    RAJU JINNAPPA TERAGAVI
COURT OF
KARNATAKA
DHARWAD BENCH
                            AGE. 41 YEARS, OCC. AGRICULTURE,
Date: 2025.07.31
11:27:16 +0530
                            R/O. DEGAON, TQ. BAILHONGAL
                            DIST. BELGAUM.

                      6.    MAHAVEER JINNAPPA TERAGAVI
                            AGE. 37 YEARS, OCC. AGRICULTURE
                            R/O. DEGAON TQ. BAILHONGAL,
                            DIST. BELGAUM.
                      7.   SMT. SUVARNA W/O. BABU MALAGOUDAR
                           AGE. 34 YEARS, OCC. HOUSEHOLD AND AGRICULTURE,
                           R/O DEGAON, TQ. BAILHONGAL,
                           DIST. BELGAUM.
                                                                     ...APPELLANTS
                      (BY SRI. H.M. DHARIGOND, ADVOCATE)
                               -2-
                                          NC: 2025:KHC-D:9341
                                        RSA No. 5206 of 2008


 HC-KAR




AND:

1.    SHRI MUDAKAPPA RUDRAPPA DEGANOLLI
      SINCE DECEASED BY HIS LEGAL HEIRS R2 & 4 to R6

2.    SHESHAPPA RUDRAPPA DEGANOLLI
      AGE. MAJOR, OCC. HOUSEHOLD AND AGRICULTURE,
      R/O. DEGAON TQ. BAILHONGAL,
      DIST. BELGAUM.

3.    DEVENDRA RUDRAPPA DEGANOLLI
      SINCE DECEASED BY HIS HEIRS
      RESPONDENT NOS.2 AND 4 TO 6.

4.    SHANTAPPA RUDRAPPA DEGANOLLI
      AGE. MAJOR, OCC. HOUSEHOLD AND AGRICULTURE,
      R/O. DEGAON, TQ. BAILHONGAL,
      DIST. BELGAUM.

5.    PARISH RUDRAPPA DEGANOLLI
      AGE. MAJOR, OCC. HOUSEHOLD AND AGRICULTURE,
      R/O. DEGAON, TQ. BAILHONGAL,
      DIST. BELGAUM.

6.    SHRIKANTH BHOMAPPA TERAGAVI
      AGE. MAJOR, OCC. HOUSEHOLD AND AGRICULTURE,
      R/O. DEGAON, TQ. BAILHONGAL,
      DIST. BELGAUM.
                                             ...RESPONDENTS

(BY    SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR R2, R4 AND R5;
       SRI. BHARATESH B. ALASANDI, ADVOCATE FOR R2 TO R5;
       NOTICE SERVED TO R6)

     THIS REGULAR SECOND APPEAL FILED U/S.100 OF CPC,
AGAINST JUDGMENT AND DECREE DATED: 23/06/2008 PASSED IN
R.A.NO.19/2003 ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN)
BAILHONGAL, DISMISSING THE APPEAL FILED AGAINST THE
JUDGMENT AND DECREE DATED: 8/4/2003 IN OS.NO.192/1995 ON
THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) BAILHONGAL FILED
FOR DECLARATION, POSSESSION AND CONSEQUENTIAL RELIEF OF
PERMANENT INJUNCTION.
                                    -3-
                                                   NC: 2025:KHC-D:9341
                                               RSA No. 5206 of 2008


 HC-KAR



     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

                        ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)

Appellant's Counsel absent. There is no representation on

behalf of appellants.

2. Respondents Counsel present and submits that the

appellant against appellants 1 and 5 stands abated as per order

dated 21st October, 2024. The appeal against respondent No.2 also

abated as per the said order.

3. The appellants who are the plaintiffs have filed the sit for

declaration, possession and consequential relief of permanent

injunction. The appellants have failed to bring legal representatives

of deceased Appellants 1 and 5 and also failed to bring the legal

representatives of deceased respondent No.2 on record. Considering

the nature of the suit and in the absence of legal representatives of

deceased appellants 1 and 5, so also legal representatives of

deceased respondent No.2, the appeal is not maintainable. Hence,

appeal stands dismissed.

Sd/-

(G BASAVARAJA) JUDGE

lnn CT-CMU