Second appeal against concurrent decrees dismissing a suit for declaration and permanent injunction. The court granted one week to comply with office objections subject to costs; on non-compliance, the appeal stood automatically dismissed.
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.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD
DATED THIS 8TH DAY OF JULY, 2024
BEFORE
HON'BLE MR. JUSTICE C.M. POONACHA
RSA NO. 100122 OF 2022
BETWEEN:
MALLAPPA S/O. YALLAPPA MALLAREDDI SINCE DECEASED BY HIS LRS
1 . SMT NARASAMMA W/O HEMANNA BETAGERI AGE: 50 YEARS, OCC: HOUSEHOLD R/O: YALAVATTI, TQ: SHIRAHATTI DIST: GADAG-582 120
2 . SMT. KASTUREVVA W/O. SUBASH KULKARNI AGE: 46 YEARS, OCC: HOUSEHOLD R/O: SURAKODA, TQ. NARAGUND DIST: GADAG-582120
3 . GIRIJAMMA W/O. KOTRAGOUDA PATIL AGE: 42 YEARS OCC: HOUSEHOLD R/O: CHIKKASAVANUR TQ: SHIRAHATTI DIST: GADAG.582 120
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4 . AJITKUMAR A/F MALLAPPA MALLAREDDI AGE: 20 YEARS OCC: STUDENT R/O: YALAVATTI, TQ: SHIRAHATTI DIST: GADAG 582120 SHARAVVA W/O. SHIVAPPA MALLAREDDI (DECEASED)
5 . MARIYAPPA S/O. SHIVAPPA MALLAREDDI AGE: 58 YEARS OCC: AGRICULTURE R/O: YALAVATTI, TQ: SHIRAHATTI DIST: GADAG-582 120
6 . BASAPPA S/O. SHIVAPPA MALLAREDDI AGE: 54 YEARS OCC: AGRICULTURE R/O: YALAVATTI TQ. SHIRAHATTI DIST: GADAG 582120
7 . HEMARADDI S/O. SHIVAPPA MALLAREDDI AGE: 50 YEARS OCC: AGRICULTURE R/O: YALAVATTI TQ. SHIRAHATTI DIST: GADAG 582120
8 . FAKKIRAPPA S/O. SHIVAPPA MALLAREDDI AGE: 46 YEARS OCC: AGRICULTURE R/O: YALAVATTI TQ. SHIRAHATTI DIST: GADAG 582120
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AGE: 44 YEARS OCC: HOUSEHOLD R/O: KATNUR TQ: HUBLI, DIST: DHARWAD 580 024
10 . SMT. GANGAVVA W/O. RAVI TIRLAPUR AGE: 42 YEARS OCC: HOUSEHOLD R/O: BINKADAKATTI TQ: AND DIST: GADAG. 582 103
11 . BASAPPA S/O. YALLAPPA MALLAREDDI AGE: 52 YEARS OCC: AGRICULTURE R/O: YALAVATTI TQ: SHIRAHATTI DIST: GADAG 582120
... APPELLANTS
(By SRI. K.L. PATIL, S.S. BETURMATH, ADVS. FOR APPELLANTS)
AND
BASAPPA
S/O. FAKKIRAPPA BETAGERI SINCE DECEASED BY HIS LR'S
W/O.BASAPPA BETAGERI AGE: 62 YEARS OCC: HOUSEHOLD R/O: YALAVATTI, TQ: SHIRAHATTI DIST: GADAG 582120
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AGE: 42 YEARS OCC: AGRICULTURE R/O: YALAVATTI TQ. SHIRAHATTI DIST: GADAG 582120
3 . HEMANNA S/O. BASAPPA BETAGERI AGE: 38 YEARS OCC: AGRICULTURE R/O: YALAVATTI TQ: SHIRAHATTI DIST: GADAG 582120
4 . SMT. JAYAVVA W/O. NEELAPPA BATTUR AGE: 36 YEARS OCC: HOUSEHOLD R/O: MULAGUND, TQ & DIST: GADAG
5 . SMT. KASHAVVA W/O. KOTRAPPA TAMRUGUNDI AGE: 34 YEARS OCC: HOUSEHOLD R/O: SHIRAHATTI NOW AT YALAVATTI TQ: SHIRAHATTI DIST: GADAG 582120
6 . MALLAPPA S/O. BASAPPA BETAGERI AGE: 32 YEARS OCC: AGRICULTURE R/O: YALAVATTI TQ: SHIRAHATTI DIST: GADAG 582120
...RESPONDENTS
RSA FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.10.2021 PASSED IN R.A.NO.09/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
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JUDICIAL MAGISTRATE FIRST CLASS, LAXMESHWAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 05.02.2020, PASSED IN O.S. NO.102/2012 ON THE FILE OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST, LAXMESHWAR, DISMISSING THE SUIT FILED FOR DECLARATION AND PERMANENT INJUNCTION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;
O R D E R
“It is forthcoming from the order dated 28.03.2024 that four weeks time was granted to comply with the office objections, failing which the appeal would stand dismissed. Having regard to the said order, the appeal would be required to be dismissed.
However, in view of the plea made by the learned counsel for the appellant, one week time is granted to comply with the office objections, subject to payment of cost of Rs.1,000/- to the Advocates’ Library Fund, High Court of Karnataka, Dharwad Bench, Dharwad, making it clear that if the office objections are not complied and cost is not paid within one week, the above appeal shall automatically stand dismissed without further orders from the court. ”
SD/JUDGE
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//COPY//
Note:- As per endorsement made in the order sheet dated 09/09/2024. Counsel for the appellant has not complied with the office objections at Sl. No. 1 to 5 and has not filed the memo a/w cost paid receipt. Hence, this RSA No. 100122/2022 stands dismissed without further orders from the Court as per the Court Order dated 08.07.2024.
SD/ASSISTANT REGISTRAR .
R- By:C- By:-rv T- By: -cnb
1 provisions across 1 enactments
Mallappa S/o. Yallappa Mallareddi since deceased by his LRs and others
Basappa S/o. Fakkirappa Betageri since deceased by his LRs
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
