Regular Second Appeal filed by appellants against proceedings of Additional Senior Civil Judge, Sagar. Bench granted time to comply with office objections. Subsequent order dismissed appeal for failure to comply.
The appeal was dismissed and set aside for non-compliance with office objections raised by the Court on 01.09.2021.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF SEPTEMBER, 2021
BEFORE
THE HON' BLE MR. JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL NO.137 OF 2019
BETWEEN
S/O KERIYAPPA,
AGED ABOUT 55 YEARS
R/O YALAGALALE VILLAGE,
KASBA HOBLI, SAGAR TALUK
SHIVAMOGGA DISTRICT-577401
2 MANJAMMA
D/O KERIYAPPA,
AGED ABOUT 50 YEARS
R/O YALAGALALE VILLAGE,
KASBA HOBLI, SAGAR TALUK SHIVAMOGGA DISTRICT-577401
3 MARIYAPPA
S/O DODDAMANE KERIYA NAIKA AGED ABOUT 63 YEARS
R/O YALAGALALE VILLAGE, KASBA HOBLI, SAGAR TALUK SHIVAMOGGA DISTRICT-577401
…2
2
RSA NO. 137/2019
W/O DURGAPPA AGED ABOUT 45 YEARS R/O YALAGALALE VILLAGE, KASBA HOBLI, SAGAR TALUK SHIVAMOGGA DISTRICT-577401
5 BANGARAPPA
S/O SANNAPPA
AGED ABOUT 63 YEARS R/O YALAGALALE VILLAGE, KASBA HOBLI, SAGAR TALUK SHIVAMOGGA DISTRICT-577401
S/O SANNAPPA
AGED ABOUT 61 YEARS
R/O YALAGALALE VILLAGE, KASBA HOBLI, SAGAR TALUK SHIVAMOGGA DISTRICT-577401
…Appellant/s
(Sri/Smt : HARISH KUMAR M S, K S ACHYUTA V RAO AND GANGADHAR D C ADVOCATES)
AND
R/O TALGUPPA VILLAGE,
…3
3
RSA NO. 137/2019
TALGAUPPA HOBLI, SAGAR TALUK
SHIVAMOGGA DISTRICT-577401
...4
RSA NO. 137/2019
4
S/O KOLLURAIAH AGED ABOUT 64 YEARS R/O NEELAKODU VILLAGE, KUMTA TALUK UTTAR KANNADA DISTRICT-577412
S/O KOLLURAIAH, AGED ABOUT 60 YEARS R/O KEMMACHCHI VILLAGE, PUTHURU TALUK
DAKSHINA KANNADA DISTRICT-577416
S/O KOLLURAIAH, AGED ABOUT 54 YEARS
…5
RSA NO. 137/2019
5
R/O CHIPPALLI VILLAGE, KASBA HOBLI, SAGAR TALUK SHIVAMOGGA DISTRICT-577401
11 SHYAMA RAO
S/O GANAPAIAH, AGED ABOUT 70 YEARS R/O CHIPPALLI LINGADAHALLI VILLAGE, KASABA HOBLI, SAGAR TALUK SHIVAMOGGA DISTRICT-577401
…Respondent/s
REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGEMENT DECREE DTD 27.08.2018 PASSED IN R.A.NO. 22/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, AND JMFC., SAGAR., DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 13.12.2013 PASSED IN OS.NO.298/1999 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE SAGAR.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order:-
…6
6
RSA NO. 137/2019
ORDER
Three weeks time is granted to comply with the office
objections, failing which, the appeal shall stand dismissed without reference to the Bench.
Sd/-
JUDGE
NOTE : Vide Court Order dated 01.09.2021, office objections
are not complied with, hence appeal shall stand dismissed.
COPY
Sd/I/C ASSISTANT REGISTRAR
T By: SV R By: HKV C By: PH Ty Date: 26.08.2022 C Date: 01.09.2022
MANJAPPA
MANJAMMA
MARIYAPPA
SMT MAHALAKSHMAMMA
SMT. NAGAVENI
G SUBRAYA
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
