The High Court of Karnataka dismissed Regular Second Appeal No. 602 of 2019 for non-prosecution as the appellants failed to comply with office objections within three weeks.
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 04TH DAY OF OCTOBER, 2021
BEFORE
THE HON' BLE MR. JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL NO.602 OF 2019
BETWEEN
W/O JAYANNA
AGED ABOUT 56 YEARS,
AGED ABOUT 31 YEARS,
AGED ABOUT 29 YEARS,
W/O PARAMESHIAH
AGED ABOUT 62 YEARS,
AGED ABOUT 58 YEARS,
ALL ARE RESIDING AT IRAKASANDRA,
…2
2
RSA NO. 602/2019
KOLALAHOBLI, KORATAGERE TALUK
TUMAKURU DISTRICT-572129
…APPELLANT/S
(Sri/Smt: R A DEVANAND AND K SUNDARAM, ADVOCATES)
AND
1 SMT SIDDAGANGAMMA W/O LATE R V JAYAPPA AGED ABOUT 70 YEARS RESIDING AT YELERAMPURA KOLALA HOBLI KORATAGERE TALUK-572129
…3
3
RSA NO. 602/2019
AGED ABOUT 56 YEARS, RESPONDENT NO.2 TO5 ARE RESIDING AT YELERAMPURA, KOLALA HOBLI KORATEGERE TALUK-572129
…4
RSA NO. 602/2019
4
AGED ABOUT 55 YEARS
c SRI GIRISHA S/O K G BASAVARAJU AGED ABOUT 50 YEARS ALL ARE RESIDING AT OLD SBM ROAD, OPP POLICE STATION, NELAMANGALA BENGALURU
W/O D R REVANNA AGED ABOUT 78 YEARS, RESIDENT OF NOVANINAKERE TIPTUR TALUK TUMAKURU DISTRICT SINCE DEAD BY LRS
S/O D R REVANNA AGED ABOUT 54 YEARS,
…5
RSA NO. 602/2019
5
d SMT RENUKAMMA D/O D R REVANNA AGED ABOUT 60 YEARS, LRS (a-d) ARE RESIDENT OF NOVANINAKERE, TIPTUR TALUK TUMAKURU DISTRICT
11 SRI VEERABHADRAPPA S/O BEERASIDDIDAPPA RESIDENT OF YELERAMPURA KOLALA HOBLI KORATAGERE TALUK SINCE DEAD BY LRS
b SRI BASAVARAJU S/O SRI VEERABHADRAPPA AGED ABOUT 40 YEARS, (a & b) RESIDENT OF YELERAMPURA KOLALA HOBLI, KORATAGERE TALUK
…6
6
RSA NO. 602/2019
S/O SRI VEERABHADRAPPA AGED ABOUT 35 YEARS, (c & d) RESIDENT OF BELLAVI KORA HOBLI TUMAKURU TALUK
W/O GURUBASAVAPPA AGED ABOUT 65 YEARS, RESIDENT OF URDIGERE TUMAKURU
W/O K R RAJASHEKARAIAH AGED ABOUT 62 YEARS, T T PVT LTD, DOORAVANINAGARA BENGALURU
W/O K R RAJASHEKARAIAH AGED ABOUT 76 YEARS, RESIDING AT DOOR NO.83, RAJA COLONY, YEMLUR BENGALURU
…Respondent/s
(SRI/SMT:KASHYAP N NAIK, VIVEK B RAMAKRISHNA, AKHILA M.S., VAISHNAVI NAIK, ABHIJIT ATUR CHETAN CHANDRASHEKAR, HARSHITH N B, ADVOCATES FOR C/R 1)
…7
RSA NO. 602/2019
7
REGULAR SECOND APPEAL FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.12.2018 PASSED IN RA NO 35/2008 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND JMFC MADHUGIRI DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.01.2008 PASSED IN OS NO 582/89 ON THE FILE OF THE CIVIL JUDGE(JR.DN) AND JMFC, KORATAGERE.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order:-
ORDER
Finally, three weeks time is granted to comply with the office objections, failing which the appeal shall stand dismissed for non-prosecution without reference to Bench.
Sd/- JUDGE
NOTE : Vide Court Order dated 04.10.2021, office objections are not complied with, hence appeal shall stand dismissed for non-prosecution.
COPY
Sd/I/C ASSISTANT REGISTRAR
Ty Date: 02.09.2022 C Date: 03.09.2022
T By: PH R By: HKV C By: DS
SMT SOWBHAGYAMMA
SMT ASHARANI
SMT SHRUTHI
MAHADEVAMMA
PRASANNAKUMAR
SMT SIDDAGANGAMMA
E.S. INDIRESH
As recorded by the court registry
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