Appeal against a second appeal dismissed for non-prosecution due to failure to comply with court objections within the granted time limit.
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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.700 OF 2019
BETWEEN
D/O LATE MUNIHANUMAIAH AGED ABOUT 52 YEARS, RESIDING AT NO.27, 1ST MAIN, 7TH CROSS, MANJUNATHNAGAR RAJAJINAGAR, BENGALURU-560010
S/O LATE MUNIHANUMAIAH
AGED ABOUT 46 YEARS, RESIDING AT NO.58/3, 8TH MAIN, 9TH CROSS, SHIVANAGAR RAJAJINAGAR, BENGALURU-560010
D/O LATE MUNIHANUMAIAH AGED ABOUT 40 YEARS, RESIDING AT NO.35, 1ST MAIN, 5TH ‘B’ CROSS, PREETHINAGAR LAGGERE, BENGALURU-560058
…APPELLANT/S …2
2
RSA NO. 700/2019
(Sri/Smt P M SIDDAMALLAPPA AND P M GOPI FOR MYLARAIAH ASSOCIATES, ADVOCATES)
AND
1 SRI. D MALLAIAH SON OF DODDANANJAPPA AGED ABOUT 64 YEARS, R/AT KAMAKSHIPALYA VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK
W/O LATE CHIKKAYELLAPPA AGED ABOUT 79 YEARS, AT KAMAKSHIPALYA VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK
D/O LATE CHIKKAYELLAPPA AGED ABOUT 52 YEARS, RESIDING AT KAMAKSHIPALYA VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK
…3
3
RSA NO. 700/2019
D/O LATE CHIKKAYELLAPPA AGED ABOUT 49 YEARS, RESIDING AT KAMAKSHIPALYA VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK
6 SMT NETHRAVATHI D/O LATE CHIKKAYELLAPPA AGED ABOUT 46 YEARS, RESIDING AT KAMAKSHIPALYA VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK
W/O LATE NARAYANA REDDY AGED ABOUT 79 YEARS, RESIDING AT BYATHA VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK
S/O LATE NARAYANA REDDY AGED ABOUT 59 YEARS, RESIDING AT BYATHA VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK
…4
RSA NO. 700/2019
4
S/O LATE NARAYANA REDDY AGED ABOUT 52 YEARS, R/AT KAMAKSHIPURA VILLAGE, HESARAGHATTA HOBLI BENGALURU NORTH TALUK
10 SRI KALINAVARA MUNISHAMAPPA S/O KALAIAH MAJOR AGED ABOUT 51 YEARS, RESIDING AT BYATHA VILLAGE HESARAGHATTA HOBLI, BENGALURU NORTH TALUK
11 SRI SRIKANTAPPA
S/O JODIDAR MAJOR, AGED ABOUT 42 YEARS, RESIDENT OF YELAHANKA BENGALURU NORTH TALUK
12 SRI SIDDAPPA
S/O LATE SIDDARAMAKKA AGED ABOUT 65 YEARS, RESIDENT OF NELAGADARANAHALLI VILLAGE
NAGASANDRA POST YESHWANTHPURA HOBLI BENGALURU RURAL DISTRICT
…5
RSA NO. 700/2019
5
D/O LATE SIDDARAMAKKA
AGED ABOUT 67 YEARS, RESIDENT OF KAMAKSHIPURA VILLAGE, HESARAGHATTA HOBLI BENGALURU NORTH TALUK
14 SMT KARIYAMMA
W/O LATE RAMANNA AGED ABOUT 84 YEARS, RESIDENT OF CROSS BAGILU NEAR RAILWAY STATION DODDABALLAPURA BENGALURU RURAL DISTRICT
15 SMT MALLAMMA
W/O LATE MALLAIAH
AGED ABOUT 69 YEARS, RESIDENT OF KAMAKSHIPURA VILLAGE, HESARAGHATTA HOBLI BENGALURU NORTH TALUK
16 SRI DEEPU
S/O LATE GANGAMMA AGED ABOUT 35 YEARS, RESIDING AT NO.58/3, 8TH MAIN, 9TH CROSS, SHIVANAGAR, RAJAJINAGAR BENGALURU-560010
…6
6
RSA NO. 700/2019
S/O LATE GANGAMMA AGED ABOUT 33 YEARS, RESIDING AT NO.58/3, 8TH MAIN, 9TH CROSS, SHIVANAGAR, RAJAJINAGAR BENGALURU-560010
…Respondent/s
REGULAR SECOND APPEAL FILED UNDER SEC. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.11.2018 PASSED IN RA NO.158/2006 ON THE FILE OF THE VIII ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.04.2006 PASSED IN OS NO.669/1996 ON THE FILE OF THE PRL.II CIVIL JUDGE (JR.DVN) BANGALORE RURAL DISTRICT, BANGALORE.
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
…7
7 RSA NO. 700/2019
NOTE : Vide Court Order dated 04.10.2021 office objections
are not complied with, hence appeal shall stand dismissed.
COPY
Sd/-
ASSISTANT REGISTRAR
T By: PH R By: BSL C By: DS Ty Date: 01.09.2022 C Date: 02.09.2022
SMT. NANJAMMA
SRI YOGESH
SMT LAKSHMIDEVI
SRI. D MALLAIAH
SMT MALLAMMA
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
