Dismissed

Mallavva W/O. Rudrappa Gabbur, v. Gouravva W/O Mallappa Mudennavar

Karnataka HC23 Nov 2024RFA/100035/2016

Case brief

AI extract

What is this about?

Two regular first appeals filed under Section 96 of the CPC regarding property allotment were dismissed. RFA 100028/2016 was dismissed for non-prosecution due to counsel absence and lack of paper books. RFA 100035/2016 was dismissed as abated due to failure to file applications for impleading legal representatives of deceased parties.

What did the court decide?

Appeal 100028/2016 dismissed for non-prosecution; Appeal 100035/2016 dismissed as abated.

Mallavva W/O. Rudrappa Gabbur, Vs Gouravva W/O… — Succession and Inheritance | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:17105-DB RFA No.100028 of 2016 C/W RFA No.100035 of 2016

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 23^RD DAY OF NOVEMBER, 2024

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PRESENT

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THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR AND

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THE HON'BLE MR. JUSTICE T. G. SHIVASHANKARE GOWDA

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REGULAR FIRST APPEAL NO.100028 OF 2016 (PAR/POS) C/W REGULAR FIRST APPEAL NO.100035 OF 2016 (PAR/POS)

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IN REGULAR FIRST APPEAL NO.100028 OF 2016

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BETWEEN:

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SRI. REVANAPPA S/O SHIDAPPA MORABAD, SINCE DIED BY LRS.

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1.A SMT. BASAVANNEVVA W/O REVANAPPA MORABAD AGE: 70 YEARS, OCC: HOUSEHOLD WORK R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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1.B SRI. BASAVARAJ S/O REVANEPPA MORABAD

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MANJANNA E

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Digitally signed by MANJANNA E Location: High Court ofKarnataka, Dharwad BenchDate: 2024.11.25 11:03:48 +0530

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AGE: 42 YEARS, OCC: AGRICULTURE, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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1.C SRI. PRAKASH S/O REVANEPPA MORABAD AGE: 40 YEARS, OCC: AGRICULTURE R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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1.D SMT. NEELAVVA W/O SIDDAPPA GALI AGE: 46 YEARS, OCC: HOUSEHOLD WORK, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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1.E SMT. PREMA W/O JAGADISH YALBURGI @ WALI

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NC: 2024:KHC-D:17105-DB RFA No.100028 of 2016 C/W RFA No.100035 of 2016

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AGE: 42 YEARS, OCC: HOUSEHOLD WORK R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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1.F SMT. RENUKA W/O BASANAGOUDA SHIVANAGOUDAR AGE: 38 YEARS, OCC: HOUSEHOLD WORK. R/O: RAYANAL, TQ: HUBBALLI,

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DIST: DHARWAD.

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RUDRAPPA S/O SHIDAPPA MORABAD AGE: 57 YEARS, OCC: AGRICULTURE, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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…APPELLANTS

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(BY SRI S.C. JAINAR, ADVOCATE)

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AND:

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SMT. GOURAVVA W/O MALLESHAPPA @ MALAPPA MUDENAVAR SINCE DEAD BY LRS.

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1.A MR. YALLAPPA S/O MALAPPA @ MALLESHAPPA MUDENAVAR

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AGE: MAJOR, OCC: AGRICULTURE, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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1.B SMT. FAKEERAVVA W/O RUDRAPPA GOKUL AGE: MAJOR, OCC: AGRICULTURE, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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1.C SMT. CHANNAVVA W/O GURUSIDDAPPA SAUNSHI AGE: MAJOR, OCC: AGRICULTURE, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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SMT. KALLAWWA

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W/O SANGAPPA HANGAL SINCE DEAD BY LRS.

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2.A SANGAPPA BASAPPA HANAGAL AGE: MAJOR, OCC: AGRICULTURE, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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2.B PARASHURAM SANGAPPA HANAGAL AGE: 54 YEARS, OCC: AGRICULTURE, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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3 - NC: 2024:KHC-D:17105-DB RFA No.100028 of 2016 C/W RFA No.100035 of 2016

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2.C SMT. NIRMALA W/O GURUSIDDAPPA HAIBATTI AGE: 52 YEARS, OCC: AGRICULTURE, R/O: BIDNAL, TQ: HUBBALLI, DIST: DHARWAD.

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2.D BASAVARAJ SANGAPPA HANAGAL AGE: 50 YEARS, OCC: AGRICULTURE, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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2.E GANGAVVA W/O SANGAPPA HANAGAL AGE: 45 YEARS, OCC: AGRICULTURE, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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2.F CHANNAPPA BASAPPA ALLAPPADAVAR AGE: 70 YEARS, OCC: AGRICULTURE, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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2.G BASAVARAJ CHANNAPPA ALLAPPADAVAR AGE: 40 YEARS, OCC: AGRICULTURE, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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2.H NAGAVVA W/O BASAPPA HANAGAL AGE: 36 YEARS, OCC: AGRICULTURE, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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2.I KALLAWWA W/O MADIWALAPPA HANAGAL AGE: 38 YEARS, OCC: AGRICULTURE, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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2.J MANJULA W/O KOTRESH YARESIMI AGE: 38 YEARS, OCC: AGRICULTURE, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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2.K AKKAMMA W/O PRASHANT SHYANABOG AGE: 38 YEARS, OCC: AGRICULTURE, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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SMT. YELLAWWA W/O GADIGAPPA HUMBHI, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: VANAHALLI, TQ: DIST: DHARWAD.

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SMT. FAKEERAWWA W/O IRAPPA BADASHETTI AGE: 71 YEARS, OCC: AGRICUKLTURE, R/O. INAMHONGAL, TQ: SAUNDATTI, DIST: BELAGAVI.

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NC: 2024:KHC-D:17105-DB RFA No.100028 of 2016 C/W RFA No.100035 of 2016

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SMT. MALLAVVA W/O RUDRAPPA GABBUR, AGE: 61 YEARS, OCC: AGRICULTURE, R/O: RAYANAL, TQ: HUBBALLI, DIST: DHARWAD.

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…RESPONDENTS

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(BY SRI M.L. VANTI, ADV. FOR R3 & R4; SRI ARUN L. NEELOPANT, ADV. FOR R5; NOTICE TO PROPOSED RESPONDENT NOS.1(A), 1(B), 1(C), 2(B), 2(D), 2(E), 2(F), 2(G), 2(H), 2(I), 2(J), 2(K) IS SERVED)

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THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 AND R/W UNDER ORDER 41 RULE 1 AND 2 OF THE CODE OF CIVIL PROCEDURE OF 1908, PRAYING TO, MODIFY THE JUDGMENT AND DECREE PASSED IN OS NO.43/2008 DATED 15.10.2015 TO THE EXTENT OF THE SHARES ALLOTTED TO THE RESPONDENTS NO.01 TO 05 (ALL FEMALE DAUGHTERS OF LATE SHIDAPPA) TO THE EFFECT THAT THEY ARE NOT AT ALL ENTITLED TO ANY KIND OF SHARES IN ‘B’ AND ‘C’ SUIT SCHEDULE PROPERTIES AS IT IS HIT BY SECTION 23 OF THE HINDU SUCCESSION ACT OF 1956. AS PER THE TRIAL COURT DECREE THE PLAINTIFF (PRESENT RESPONDENT NO.5 IN THIS APPEAL) IN THE TRIAL COURT HAS VALUED THE ‘B’ AND ’C’ SUIT SCHEDULE PROPERTIES TOTALLY AT RS.10,29,000 & ETC.,

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IN REGULAR FIRST APPEAL NO.100035 OF 2016

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BETWEEN:

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SMT. MALLAVVA W/O. RUDRAPPA GABBUR, AGE:57 YEARS, OCC: AGRICULTURE, R/O: RAYANAL VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580001.

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…APPELLANT

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(BY SRI ARUN L. NEELOPANT, ADVOCATE)

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AND:

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SMT. GOURAVVA W/O MALLAPPA MUDENNAVAR, AGE: 67 YEARS, OCC: HOUSEHOLD WORK, R/O: RAYANAL VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580001.

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REVANEPPA S/O. SIDDAPPA MORABAD, AGE: 72 YEARS, OCC: AGRICULTURE, R/O: RAYANAL VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580001.

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5 - NC: 2024:KHC-D:17105-DB RFA No.100028 of 2016 C/W RFA No.100035 of 2016

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RUDRAPPA S/O SIDDAPPA MORABAD, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: RAYANAL VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580001.

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SMT. KALLAVVA W/O SANGAPPA HANAGAL, AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O: RAYANAL VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580001.

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SMT. YALLAVVA W/O. GADIGEPPA HUMBI, AGE: 61 YEARS, OCC: HOUSEHOLD WORK, R/O: VANAHALLI VILLAGE, TQ: HUBBALLI, DIST:DHARWAD-580001.

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SMT. FAKIRAVVA W/O IRAPPA BUDAKATTI, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O: INAMHONGAL, TQ: SAUNDATTI, DIST: DHARWAD-590002.

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THE SPECIAL LAND ACQUISITION OFFICER, N.H-4, D.C. COMPOUND, MINI VIDHAN SOUDHA, DHARWAD-580001.

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(DELETED AS PER ORDER DATED 27.07.2016)

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…RESPONDENTS

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(BY SRI VINOD SHANKAR PAWAR, SRI R.H. PATIL & SRI S.C. JAINAR, ADVOCATES FOR R3; SRI M.L.VANTI, ADV. FOR R5 & R6; R7-DELETED; R1, R2, R4-DECEASED; APPEAL IS DISMISSED AGAINST R1, R2, R4 V/O DT:03.11.2023)

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THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC., PRAYING TO, SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 15.10.2015 PASSED IN OS NO.43/2008 BY THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE HUBBALLI AND DISMISS COUNTER CLAIM OF THE DEFENDANT NO.2 IN SO FAR AS COUNTER CLAIM B SCHEDULE PROPERTY AND TO DECREE THE SUIT BEARING OS NO.43/2008 IN ENTIRETY IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR AND THE HON'BLE MR. JUSTICE T. G. SHIVASHANKARE GOWDA

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6 - NC: 2024:KHC-D:17105-DB RFA No.100028 of 2016 C/W RFA No.100035 of 2016

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR)

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IN RFA NO. 100028/2016 :

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Order sheet dated 03.11.2023 speaks a lot about how the appellants are prosecuting the appeal. Utter negligence is forthcoming. Appellants’ counsel is absent. Steps are not taken quite a longtime. Paper books have also not been filed. One of the legal representatives of second respondent is dead. No attempt is made to bring the legal representatives of deceased on record. For all these reasons, appeal is dismissed for non prosecution.

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IN RFA NO.100035/2016 :

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Order sheet dated 03.11.2023 shows that final opportunity was given to the counsel to make necessary applications to implead legal representatives of respondents 1, 2 and 4. Since then no attempt is made. Applications are not filed. Appellants’ counsel is absent. Therefore appeal abates against respondents 1, 2 and 4. Consequently the entire appeal stands abated and appeal is dismissed as abated.

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Sd/(SREENIVAS HARISH KUMAR) JUDGE

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Sd/(T. G. SHIVASHANKARE GOWDA) JUDGE

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LIST NO.: 1 SL NO.: 1

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Mallavva W/O. Rudrappa Gabbur, v. Gouravva W/O Mallappa Mudennavar

Case brief

What is this about?

What did the court decide?

Mallavva W/O. Rudrappa Gabbur, v. Gouravva W/O Mallappa Mudennavar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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