Karnataka High Court
Shantamma vs Shylaja on 8 July, 2025
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NC: 2025:KHC:24912
RSA No. 1424 of 2014
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1424 OF 2014 (PAR)
BETWEEN:
1. SHANTAMMA
W/O P B NIRANJAN,
AGED ABOUT 63 YEARS,
R/O RANGARAO ROAD,
SHANKARAPURA,
BANGALORE-560004
2. JAGADAMBA
W/O SHANMUKAPPA,
AGED ABOUT 62 YEARS,
R/A BENACHIGERE, NITTUR HOLBI,
GUBBI TALUK,
Digitally signed ALSO AT
by KIRAN 9/85, 2ND BLOCK,
KUMAR R 12TH MAIN ROAD,
Location: HIGH RAJAJINAGAR,
COURT OF BANGALORE-560010
KARNATAKA ...APPELLANTS
(BY SRI. PRASANNA KUMAR P., ADVOCATE)
AND:
1. SHYLAJA
W/O L T RAJASHEKHARAIH
AGED 54 YEARS,
2. L R KEERTHI
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HC-KAR
S/O L T RAJASHEKHARAIH
AGED ABOUT 30 YEARS,
3. L R SURESH
S/O L T RAJASHEKHARAIAH
AGED 27 YEARS,
4. L R LALITHA
D/O LATE L T RAJASHEKHARAIH,
ALL ARE RESIDING AT 2ND CROSS,
NEW EXTENSION, GUBBI TOWN,
TQ GUBBI,
DISTRICT TUMKUR-572216
RESPONDENT No.1 TO 4 ARE LEGAL
REPRESENTATIVES OF
THE ORIGINAL PLAINTIFF No.1
L T RAJASHEKHARAIAH
5. L T ANANDAIAH
S/O LATE THAMMAIAH,
AGED ABOUT 65 YEARS,
6. L T CHANDRAIAH
S/O LATE THAMMAIAH,
AGED ABOUT 63 YEARS,
7. L T KUMARASWAMY
S/O LATE THAMMAIAH,
SINCE DEAD BY LEGAL REPRESENTATIVE
7(A) CHANDRAMATHI
W/O LATE K T KUMARASWAMY
AGED ABOUT 34 YEARS,
R/A LAKKENAHALLI,
KADABA HOBLI, GUBBI TALUK,
DIST:TUMKUR-572216
8. L T SHADAKSHARAPPA
S/O LATE THAMMAIAH,
AGED 58 YEARS,
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HC-KAR
9. L T RANGANNA
S/O LATE THAMMAIAH,
AGED 56 YEARS
10. L T PARAMESH
S/O LATE THAMMAIAH,
AGED 55 YEARS,
11. GOWRAMMA
S/O LATE THAMMAIHA,
AGED 56 YEARS,
VIDE ORDER DATED 18.07.2016
R1 TO R6, R7(A), R8 TO R10
ARE TREATED AS
LEGAL REPRESENTATIVES OF R11
RESPONDENT Nos.5 TO 11 ARE
RESIDENTS OF LAKKENAHALLI
KADABA HOBLI
GUBBI TALUK
TUMAKURU DISTRICT - 572 216
12. SAROJAMMA
W/O LATE SADASHIVAHA
DEAD BY HER LR
12(A) SMT. PUSHAPLATHA
W/O LATE S V NATARAJU,
AGED 34 YEARS,
R/A UPPARAHALL,
TUMKUR TOWN - 572101
13. L S PRAKASHAIAH
S/O LATE SADASHIVAIAH,
AGED ABOUT 53 YEARS,
R/A HOUSE NO.12, M C COLONY,
TUMKUR CITY - :572101
14. L S DINAKAR MURTHY
S/O LATE SADASHIVAIAH,
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HC-KAR
AGED ABOUT 51 YEARS,
R/A LAKKENAHALLI,
KASABA HOBLI,
GUBBI TALUK,
DIST:TUMKUR-572216
15. K P CHANDRASHEKAR
S/O LATE PUTTASIDDAPPA K S
AGED 33 YEARS,
16. K P RAJASHEKAR
S/O LATE PUTTASIDDAPPA K S
AGED 31 YEARS,
RESPONDENTS No.15 & 16 ARE
LEGAL HEIRS OF SMT. LALITHAMMA
THE ORIGINAL DEFENDANT No.1 &
RESPONDENT No.12 BEFORE
THE APPELLATE COURT AND ARE
R/AT HOUSE No.38,
RANGA RAO ROAD
SHANKARAPURAM
BENGALURU - 560 004
17. K S DAYANANDA
S/O LATE K S SADASHIVAPPA,
AGED ABOUT 38 YEARS,
18. K S RAVISHANKAR
S/O LATE K S SADASHIVAPPA,
AGED ABOUT 36 YEARS,
19. K S SAMBASHIVAIAH
S/O LATE K S SADASHIVAPPA,
AGED ABOUT 33 YEARS,
20. K S RAMESH
S/O LATE K S SADASHIVAPPA,
AGED ABOUT 30 YEARS,
RESPONDENT Nos.17 TO 20 ARE
R/AT HOUSE NO.38,
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HC-KAR
RANGARAO ROAD,
SHANKARAPURAM,
BANGALORE-560004
RESPONDENT Nos.17 TO 20 ARE
ALSO LRS OF ORIGINAL DEFENDANT No.4
AND RESPONDENT No.15
BEFORE THE APPELLATE COURT
21. K S DIVAKAR
S/O LATE SHADAKSHARAPPA,
AGED ABOUT 40 YEARS,
RESIDING AT NO.38,
RANGARAO ROAD,
SHANKARAPURAM,
BANGALORE-560004
22. K S NALINI
W/O BALLA,
MAJOR ,
R/A 5TH MAIN, 3RD STAGE,
J C NAGAR, BANGALORE-560006
23. K S LATHA
W/O HALAPPA,
MAJOR,
RESIDING AT NO.13, 1ST STAGE,
BYRASANDRA MAIN ROAD,
JAYANAGARA ,
BANGALORE - 560011
RESPONDENT Nos.21-23 ARE
LRS OF ORIGINAL DEFENDANT No.9
24. MANJULA
D/O LATE L S CHANDRASHEKARA
AGED ABOUT 35 YEARS,
25. VANDANA
D/O LATE L S CHANDRASHEKARA
AGED ABOUT 31 YERS,
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RSA No. 1424 of 2014
HC-KAR
RESPONDENT Nos.24 & 25 ARE
LRS OF ORIGINAL DEFENDANT No.13
26. SUNANDA
W/O MG PANCHAKASHARASWAMY,
AGED ABOUT 45 YEARS,
R/O NO.669, 3RD CROSS, 1ST MAIN,
2ND STAGE, 1ST BLOCK,
MYSORE-570022
27. PREMALATHA
D/O LATE K SADASHIVAPPA,
AGED ABOUT 40 YEARS,
R/O NO.86, TEACHERS COLONY,
4TH CROSS, 2ND MAIN,
NEAR DAYANANDA COLLEGE,
KUMARASWAMY LAYOUT,
BANGALORE-560070
28. NAGARATHNA
W/O GURUCHENNABASAPPA,
AGED ABOUT 40 YEARS,
R/O TEACHERS COLONY
D NO.112, 5TH CROSS,
2ND MAIN, NEAR DAYANANDA
SAGAR COLLEGE,
KUMARASWAMY LAYOUT,
BANGALORE-560070
29. PADMAKSHI
D/O LATE PUTTASIDDAPPA,
AGED ABOUT 38 YEARS,
RESIDING AT NO.87, GOWRI NILAYA,
H SIDDAIAH ROAD, MAVALLI,
BANGALORE-560002
30. MANJULA
D/O LATE PUTTASIDDAPPA,
W/O NEELAKANTA,
AGED ABOUT 31 YEARS,
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RSA No. 1424 of 2014
HC-KAR
R/O NO.8/L, 5TH MAIN,
C BELVIT NILAYA, CHAMARAJPET,
BANGALORE-560004
31. N. JAYAMMA
S/O LATE NANJUNDEGOWDA
AGED ABOUT 65 YEARS
R/O "NANJUNDESHWARA NILAYA"
BEHIND MERP QUARTERS
SIDDLINGAIAYANA PALYA
SIT EXTENSION,
TUMAKURU
...RESPONDENTS
[BY SRI. VIRUPAKSHAIAH P H., ADVOCATE FOR R1-R7(A),
R8, R9, R10, R12(A), R13-R23, R26-R30;
SRI. S. BASAVARAJ, ADVOCATE FOR
IMPLEDING APPLICANT AS RESPONDENT;
RESPONDENT 24 & 25 ARE SERVED;
VIDE ORDER DATED 18.07.2016, R1-R6, R7(A) &
R8-R10 ARE TREATED AS LRS OF DEAD R11]
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT & DECREE DTD 26.7.2014 PASSED IN
R.A.NO.12/2011 ON THE FILE OF THE I ADDL. DISTRICT &
SESSIONS JUDGE, TUMKUR, DISMISSING THE APPEAL AND
MODIFYING THE JUDGEMENT AND DECREE DTD 30.11.2010
PASSED IN OS.NO.44/2006 ON THE FILE OF THE SENIOR CIVIL
JUDGE, GUBBI.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
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RSA No. 1424 of 2014
HC-KAR
ORAL JUDGMENT
1. The learned counsel for the appellants filed a Memo
dated 08.07.2025 reporting the death of respondent
Nos.1, 7, 11, 12, 15, 18, 21 and 23 to 26 and submits
that the appeal has stood abated by operation of law.
2. Memo is placed on record.
3. Though the aforesaid respondents passed away, the
appellants have not chosen to bring the legal
representatives of the aforesaid deceased respondents
on record. Hence, the appeal has abated by operation
of law.
4. Accordingly, the appeal is dismissed as abated.
5. In view of the dismissal of the appeal, pending
interlocutory applications, if any, stand disposed of.
Sd/-
(ASHOK S.KINAGI)
JUDGE
RK
CT:KHV
