Three regular second appeals concerning a property dispute were called for hearing, but none appeared for the appellants despite being called twice; the High Court dismissed the appeals for non-prosecution.
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.
NC: 2024:KHC:24261 RSA No. 447 of 2013 C/W RSA No. 695 of 2016 RSA No. 724 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ REGULAR SECOND APPEAL NO. 447 OF 2013 (DEC)
C/W
REGULAR SECOND APPEAL NO. 695 OF 2016 (DEC) REGULAR SECOND APPEAL NO. 724 OF 2016 (DEC)
IN RSA NO.447/2013 BETWEEN:
SRI. H.B. SHIVABASAVAIAH, S/O LATE BASAVAIAH, AGED ABOUT 75 YEARS, R/A NO.133, 7TH MAIN, ROAD, HAMPINAGAR, VIJAYANAGAR II STAGE, BANGALORE - 560 104.
…APPELLANT
Digitally signed by NARAYANAPPA LAKSHMAMMA
Location: HIGH COURT OF KARNATAKA
(BY SRI. B.N. PUTTALINGAIAH, ADVOCATE)
AND:
RESPONDENT NO.2, 3 AND 4
ARE RESIDENTS OF KALLANAKERE VILLAGE, KASABA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227.
…RESPONDENTS (BY SRI. K.S. RANGASWAMY IYENGAR, ADVOCATE FOR R3 AND R4;
SRI. M.V. VEDAMURTHY, ADVOCATE FOR R1; R2 SERVED AND UNREPRESENTED)
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 21.11.2012 PASSED IN R.A.NO.76/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, TIPTUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 19.1.2011 PASSED IN OS.NO.5/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., TURUVEKERE.
IN RSA NO.695/2016 BETWEEN:
SRI. B. PANCHAKSHARAIAH S/O. LATE BASAVAIAH, AGED ABOUT 72 YEARS, RESIDING AT NO. 309,
3RD MAIN ROAD, JAGAJYOTHI LAYOUT, JNANABHARATHI POST, BANGALORE-560 056.
…APPELLANT
(BY SRI. VEDA MURTHY M V., ADVOCATE (ABSENT))
AND:
RESPONDENT NO.2, 3 AND 4 ARE RESIDENTS OF KALLANAKERE VILLAGE, KASABA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227.
…RESPONDENTS (BY SRI. K.S. RANGASWAMY IYENGAR, ADVOCATE FOR R2 AND R3; SRI. B.S. REDDY, ADVOCATE FOR R4 TO R7; R1 SERVED AND UNREPRESENTED)
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 12.01.2016 PASSED IN R.A.NO.10002/2014 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, TIPTUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11.04.2014
PASSED IN OS NO.82/07 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., TURUVEKERE.
IN RSA NO.724/2016 BETWEEN:
APPELLANTS NO.3 AND 4 ARE RESIDING AT NO. 309, 3RD MAIN ROAD, JAGAJYOTHI LAYOUT,
JNANABHARATHI POST, BANGALORE-560 056.
…APPELLANTS
(BY SRI. VEDA MURTHY M V., ADVOCATE (ABSENT))
AND:
RESPONDENT NO.2, 3 AND 4 ARE RESIDENTS OF KALLANAKERE VILLAGE, KASABA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227.
…RESPONDENTS
NC: 2024:KHC:24261 RSA No. 447 of 2013 C/W RSA No. 695 of 2016 RSA No. 724 of 2016
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 12.01.2016 PASSED IN R.A.NO.10002/2014 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, TIPTUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11.04.2014 PASSED IN OS NO.82/07 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., TURUVEKERE.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sd/JUDGE
TMP
List No.: 2 Sl No.: 25
1 provisions across 1 enactments
H.B. Shivabasavaiah
B. Panchaksharaiah
B. Shadaksharaiah
T. Susheela
Smt. Gangamma
Smt. Parvathamma
Suraj Govindaraj
As recorded by the court registry
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