[Cites 1, Cited by 0]
Karnataka High Court
Veeranna vs Yogappa And Anr on 6 January, 2026
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NC: 2026:KHC-K:28-DB
RFA No. 200075 of 2017
C/W RFA.CROB No. 200004 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE R.NATARAJ
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
REGULAR FIRST APPEAL NO.200075 OF 2017 (PAR/POS)
C/W
RFA CROSS OBJ NO. 200004 OF 2017
IN RFA No. 200075/2017
BETWEEN:
VEERANNA
S/O CHITRASHEKHAR ARJUNAGI,
AGE: 52 YEARS,
OCC: GOVT. SERVICE,
R/O: H.NO.9-719, SHAHABAZAR,
NOW RESIDING AT BIDDAPUR COLONY,
Digitally signed KALABURAGI.
by SACHIN
...APPELLANT
Location: HIGH
COURT OF
KARNATAKA (BY SRI VIKRAM VIJAY KUMAR, ADVOCATE)
AND:
1. YOGAPPA
S/O CHITRASHEKHAR ARJUNAGI,
AGE: 56 YEARS,
OCC: GOVT. SERVICE,
R/O: H.NO.9-719, SHAHABAZAR,
KALABURAGI - 585 103.
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RFA No. 200075 of 2017
C/W RFA.CROB No. 200004 of 2017
HC-KAR
2. MAHADEVI
W/O CHITRASHEKHAR ARJUNAGI,
AGE: 76 YEARS,
OCC: HOUSEHOLD,
R/O: H.NO.9-719, SHAHABAZAR,
KALABURAGI - 585 103.
...RESPONDENTS
(BY SRI S.B.HANGARKI, ADVOCATE FOR
SRI B.D.HANGARKI, ADVOCATE FOR R1 AND R2)
THIS RFA IS FILED UNDER SECTION 96 OF READ WITH
ORDER 41 RULE 1 OF CPC, PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE IN O.S.NO.40/2013 DATED
06.06.2017 PASSED BY THE COURT OF THE PRL. SENIOR CIVIL
JUDGE, KALABURAGI PARTLY DECREEING THE SUIT OF THE
PLAINTIFF / APPELLANT AND ALLOW THE APPEAL BY
INCLUDING THE SUIT PROPERTY LAND BEARING SY.NO.11
MEASURING 19 ACRES 19 GUNTAS OF PALLAPUR VILLAGE, TQ
AND DIST KALABURAGI FOR THE PURPOSE OF DIVISION BY
METES AND BOUNDS AGAINST THE RESPONDENT AND
AWARD COST OF PROCEEDINGS TO APPELLANT AND ETC.
IN RFA.CROB NO. 200004/2017
BETWEEN:
1. YOGAPPA
S/O CHITRASHEKAR ARJUNAGI,
AGE: 56 YEARS,
OCC: GOVT. SERVICE
2. MAHADEVI
W/O CHITRASHEKAR ARJUNAGI,
AGE: 76 YEARS,
OCC: HOUSEHOLD,
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RFA No. 200075 of 2017
C/W RFA.CROB No. 200004 of 2017
HC-KAR
BOTH R/O: H.NO.9-719, SHAHABAZAR,
KALABURAGI.
...CROSS OBJECTORS
(BY SRI. S.B.HANGARKI, ADVOCATE)
AND:
VEERANNA
S/O CHITRASHEKAR ARJUNAGI,
AGE: 52 YEARS,
OCC: GOVT. SERVICE,
R/O: H.NO.9-719, SHAHABAZAR,
NOW RESIDING AT BIDDAPUR COLONY,
KALBURAGI - 585 106.
...RESPONDENT
(BY SRI VIKRAM VIJAY KUMAR, ADVOCATE)
THIS RFA CROB IS FILED UNDER ORDER 41 RULE 22
OF CPC, PRAYING TO SET ASIDE THE IMPUGNED
JUDGMENT AND DECREE PASSED BY THE COURT OF THE
PRINCIPAL SENIOR CIVIL JUDGE, KALABURAGI DATED
06.06.2017 IN O.S.NO.40/2013, IN RESPECT OF HOUSE
BEARING CORPORATION NO.9-719 SITUATED AT
SHAHABAZAR, GULBARGA BY DISMISSING THE SUIT OF
THE PLAINTIFF IN RESPECT OF THE SAID SUIT PROPERTY
AND FURTHER DISMISS THE REGULAR FIRST APPEAL
NO.200075/2017 FILED BY THE RESPONDENT IN THE
INTEREST OF JUSTICE.
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RFA No. 200075 of 2017
C/W RFA.CROB No. 200004 of 2017
HC-KAR
THIS RFA AND RFA CROB. COMING ON FOR ORDERS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R.NATARAJ
and
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE R.NATARAJ)
IN RFA No.200075/2017:
Despite granting sufficient time to bring the legal
heirs of respondent Nos.1 and 2 on record, no steps are
taken till date. Hence, the appeal against respondent
Nos.1 and 2 stands abated. Consequently, the appeal
stands abated in its entirety.
IN RFA CROB.200004/2017:
Learned counsel for the cross-objectors submits that
despite his best attempts, he is not able to establish
contact with the legal representatives of the cross-
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C/W RFA.CROB No. 200004 of 2017
HC-KAR
objectors. Hence, the cross-objection is dismissed for non-
prosecution.
Sd/-
(R.NATARAJ)
JUDGE
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SHS
List No.: 1 Sl No.: 16
