Karnataka High Court
Sri Kenchayellappa vs Smt Shanthamma on 19 June, 2025
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NC: 2025:KHC:21285
RSA No. 1323 of 2010
C/W RSA No. 1324 of 2010
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
REGULAR SECOND APPEAL No. 1323 OF 2010 (PAR)
C/W
REGULAR SECOND APPEAL No. 1324 OF 2010
IN RSA No. 1323/2010
BETWEEN:
1. SRI KENCHAYELLAPPA,
S/O DODDAMADAPPA,
AGED ABOUT 72 YEARS,
R/AT TANNIGERE VILLAGE,
CHANNAGIRI TQ-577213,
DAVANAGERE DIST.
Digitally signed ...APPELLANT
by VALLI
MARIMUTHU (BY SRI P.M. SIDDAMALLAPPA,
Location: HIGH MYLARAIAH ASSOCIATES., ADVOCATE)
COURT OF
KARNATAKA AND:
1. SMT. SHANTHAMMA,
W/O LATE NINGAPPA,
AGED ABOUT 60 YEARS,
R/A TANNIGERE VILLAGE,
CHANNAGIRI TQ.
DAVANAGERE DIST-577123.
SINCE DEAD BY LRS.
1(a) SRI SHIVANANDAPPA,
S/O SHIVAPPA,
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C/W RSA No. 1324 of 2010
HC-KAR
AGED ABOUT 65 YEARS,
R/AT GULLEHALLI VILLAGE,
GARAGHA POST,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT.
1(b) SMT. MANJULA,
WIFE OF SHIVAMURTHAPPA,
D/O LATE RATHNAMMA,
AGED ABOUT 31 YEARS,
R/AT GULLEHALLI VILLAGE,
GARAGHA POST,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT.
R3 IS THE LR OF DECEASED R1(B)
VIDE ORDER DATED 17.03.2020
1(c) SMT. NAGAMMA,
W/O SHIVALINGAMMA,
HOLLAKERI TALUK,
CHITRADURGA DISTRICT.
1(d) SRI UMESH,
S/O SHIVANANDAPPA,
S/O LATE RATHNAMMA,
AGED ABOUT 29 YEARS,
R/AT GULLEHALLI VILLAGE,
GARAGHA POST,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT.
1(e) SRI SHANKARA,
S/O SHIVANANDAPPA,
S/O LATE RATHNAMMA,
AGED ABOUT 29 YEARS,
R/AT GULLEHALLI VILLAGE,
GARAGHA POST,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT.
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RSA No. 1323 of 2010
C/W RSA No. 1324 of 2010
HC-KAR
1(f) SMT. GANGAMMA
W/O HANUMANTHAPPA,
HIRIYUR VILLAGE,
HOLLAKERE TALUK,
CHITRADURGA DISTRICT.
2. SRI KENCHAMALLAPPA,
S/O LATE NINGAPPA,
AGED ABOUT 54 YEARS,
R/AT TANNIGERE VILLAGE,
CHANNAGIRI TQ.
DAVANAGERE DIST-577123.
3. SRI G. N. SHIVAMURTHY,
S/O LATE NINGAPPA,
AGED ABOUT 38 YEARS,
R/A TANNIGERE VILLAGE,
CHANNAGIRI TALUK,
DAVANAGERE DIST-577123.
...RESPONDENTS
(BY SRI S. V. PRAKASH, ADVOCATE FOR R2 & R3;
R1(c) and R1(d) ARE SERVED;
R3 TREATED AS LR'S OF DECEASED R1(b) VIDE
ORDER DATED 17.03.2020;
VIDE ORDER DATED 05.03.2019 APPEAL
AGAINST R1(a) STANDS DISMISSED;
R1(e) & R1(f) ARE SERVED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 10.02.2010
PASSED IN R.A.No.51/2006 ON THE FILE OF THE I ADDL. CIVIL
JUDGE (SR.DN), DAVANGERE, PARTLY ALLOWING THE APPEAL
AND CONFIRMING THE JUDGMENT AND DECREE DATED
12.01.2006 PASSED IN O.S.No.70/02 ON THE FILE OF THE
PRL.CIVIL JUDGE (JR.DVN.)& JMFC, CHANNAGIRI.
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NC: 2025:KHC:21285
RSA No. 1323 of 2010
C/W RSA No. 1324 of 2010
HC-KAR
IN RSA No. 1324/2010
BETWEEN:
1. SRI KENCHAYELLAPPA,
S/O DODDAMADAPPA,
AGED ABOUT 72 YEARS,
R/AT TANNIGERE VILLAGE,
CHANNAGIRI TQ-577213,
DAVANAGERE DIST.
...APPELLANT
(BY SRI P.M. SIDDAMALLAPPA,
MYLARAIAH ASSOCIATES., ADVOCATE)
AND:
1. SMT. SHANTHAMMA,
W/O LATE NINGAPPA,
AGED ABOUT 60 YEARS,
R/A TANNIGERE VILLAGE,
CHANNAGIRI TQ.
DAVANAGERE DIST-577123.
SINCE DEAD BY LRS.
1(a) SRI SHIVANANDAPPA,
S/O SHIVAPPA,
AGED ABOUT 65 YEARS,
R/AT GULLEHALLI VILLAGE,
GARAGHA POST,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT.
1(b) SMT. MANJULA,
WIFE OF SHIVAMURTHAPPA,
D/O LATE RATHNAMMA,
AGED ABOUT 31 YEARS,
R/AT GULLEHALLI VILLAGE,
GARAGHA POST,
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NC: 2025:KHC:21285
RSA No. 1323 of 2010
C/W RSA No. 1324 of 2010
HC-KAR
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT.
R3 IS THE LR OF DECEASED R1(B)
VIDE ORDER DATED 17.03.2020
1(c) SRI UMESH,
S/O SHIVANANDAPPA,
S/O LATE RATHNAMMA,
AGED ABOUT 29 YEARS,
R/AT GULLEHALLI VILLAGE,
GARAGHA POST,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT.
1(d) SRI SHANKARA,
S/O SHIVANANDAPPA,
S/O LATE RATHNAMMA,
AGED ABOUT 29 YEARS,
R/AT GULLEHALLI VILLAGE,
GARAGHA POST,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT.
CHITRADURGA DISTRICT.
2. SRI KENCHAMALLAPPA,
S/O LATE NINGAPPA,
AGED ABOUT 40 YEARS,
R/AT TANNIGERE VILLAGE,
CHANNAGIRI TQ.
DAVANAGERE DIST-577123.
3. SRI G. N. SHIVAMURTHY,
S/O LATE NINGAPPA,
AGED ABOUT 38 YEARS,
R/A TANNIGERE VILLAGE,
CHANNAGIRI TALUK,
DAVANAGERE DIST-577123.
4 SMT. NINGAMMA,
W/O SHIVALINGAMMA,
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RSA No. 1323 of 2010
C/W RSA No. 1324 of 2010
HC-KAR
AGED ABOUT 47 YEARS,
R/AT HIRIYUR VILLAGE,
HOLLAKERI TALUK,
CHITRADURGA DISTRICT-577133.
5 SMT. GANGAMMA,
W/O HANUMANTHAPPA,
AGED ABOUT 45 YEARS,
R/AT HIRIYUR VILLAGE,
HOLLAKERE TALUK,
CHITRADURGA DISTRICT-577133.
...RESPONDENTS
(BY SRI S. V. PRAKASH, ADVOCATE FOR R2 & R3;
R1(c) and R1 (d) ARE SERVED;
R3 ARE TREATED AS LR'S OF DECEASED R1 (b) VIDE
ORDER DATED 17.03.2020;
SRI S.V. PRAKASH; ADVOCATE FOR R2, R4 & R5;
VIDE ORDER DATED 05.03.2019 APPEAL
AGAINST R1(a) STANDS DISMISSED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 10.02.2010
PASSED IN R.A.No.51/2006 ON THE FILE OF THE I ADDL. CIVIL
JUDGE (SR.DN), DAVANGERE, PARTLY ALLOWING THE APPEAL
AND CONFIRMING THE JUDGMENT AND DECREE DATED
12.01.2006 PASSED IN O.S.No.118/2002 ON THE FILE OF THE
PRL.CIVIL JUDGE (JR.DVN.)& JMFC, CHANNAGIRI.
THESE APPEALS, COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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RSA No. 1323 of 2010
C/W RSA No. 1324 of 2010
HC-KAR
CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
ORAL JUDGMENT
Learned counsel for the appellants submits that the
dispute between the parties is amicably settled before the
Executing Court.
2. Submission is accepted.
3. Learned counsel for the respondents has filed copy of
the order in the Execution proceedings.
4. Under the circumstances, the appeals do no survive
for consideration and are dismissed accordingly.
In view of dismissal of main appeals, pending
interlocutory application, if any, stand disposed of as not
surviving.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
