The court granted the appellant two weeks to comply with office objections in the regular second appeal, stipulating that failure to do so would result in dismissal of the appeal.
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 1ST DAY OF JULY 2024
BEFORE
THE HON' BLE MR. JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 519 OF 2021
BETWEEN
DR K S SHANKAR NAYAK
S/O LATE SAKARAYA NAYAK
AGED ABOUT 71 YEARS,
RETD MEDICAL OFFICER
GENERAL HOSPITAL CHANNAGIRI
RESIDENT OF ADARSHA NILAYA
NEAR BAPUJI ENGINEERING COLLEGE
ANJANAYA BADAVANE
DAVANAGERE - 577004 ...APPELLANT/S
(By Sri./Smt : T.A. KARUMBAIAH, YOGISWARA., ADVOCATES )
AND
S/O WACHA NAIKA, AGED ABOUT 45 YEARS, OCC: AGRICULTURIST, R/O KASHIPURA VILLAGE, CHANNAGIRI TALUK – 577218.
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W/O AZIZ KHAN, AGED ABOUT 63 YEARS, R/O KEREBILACHI VILLAGE, CHANNAGIRI TALUK – 577218.
W/O KANDAKLAL NAIKA, AGED ABOUT 60 YEARS, R/O ARASIKERE HASSAN DISTRICT-573103 REPRESENTED BY HER GENERAL POWER OF ATTORNEY HOLDER SRI KAMALDAR LAL NAIKA.
4 . SMT KALIBAI W/O LATE GEMYA NAIKA, AGED ABOUT 78 YEARS, R/O KASHIPURA VILLAGE CHANNAGIRI TALUK – 577218.
5 . SMT GIRIJABAI W/O GURUMURTHY, AGED ABOUT 59 YEARS, OCC TEACHER, R/O KABBALA VILLAGE, CHANNAGIRI TALUK -577213.
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R/O THIMLAPURA VILLAGE, HANUMANAHALLI POST,
HONNALI TALUK – 577217.
7 . SRI NAGENDRANAIKA S/O LATE GEMYA NAIKA, AGED ABOUT 49 YEARS, DEVELOPMENT OFFICER, NEW INDIA INSURANCE COMPANY, R/O NEAR BUS STAND, CHIKKAMAGALURU – 577101.
S/O LATE GEMYA NAIKA, AGED ABOUT 47 YEARS,
S/O LATE GEMYA NAIKA AGED ABOUT 43 YEARS, RESPONDENTS NO.8 TO 10 ARE R/O KASHIPURA VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT.
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AGED ABOUT 46 YEARS,
GOVT HIGH SCHOOL TEACHER, R/O MATTUR AT POST,
BYADGI TALUK, HAVERI DISTRICT – 581106.
12 . SRI RAVIKUMAR
S/O LATE GEMYA NAIKA, AGED ABOUT 43 YEARS, GOVT HIGH SCHOOL TEACHER, R/O SONALE HOSANAGARA TALUK, SHIVAMOGGA DISTRICT – 577418
13 . SRI SANTHOSH S/O LATE GEMYA NAIKA AGED ABOUT 41 YEARS,
14 . SMT PANKAJA @ SHYLA
W/O GOPI AGED ABOUT 39 YEARS, R/O KASHIPURA VILLAGE CHANNAGIRI TALUK – 577218
W/O LATE LASKARI NAIKA AGED ABOUT 71 YEARS, R/O KASHIPURA VILLAGE CHANNAGIRI TALUK – 577218
16 . SMT AMBI BAI
W/O LATE HANUMANTHA NAIKA
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AGED ABOUT 55 YEARS,
R/O KADARANAHALLI VILLAGE CHANNAGIRI TALUK – 577231
R/O DISTRICT CENTRAL PRISON SHIVAMOGGA – 577222
TEACHER
R/O KABBALLA VILLAGE CHANNAGIRI TALUK – 577213
W/O LATE THAVARYA NAIKA, AGED ABOUT 70 YEARS, HOUSEWIFE,
AGED ABOUT 47 YEARS,
S/O LATE THAVRYA NAIKA,
AGED ABOUT 39 YEARS,
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S/O LATE THAVARYA NAIKA,
AGED ABOUT 37 YEARS,
D/O LATE THAVARYA NAIKA, W/O KUMARA NAIKA,
AGED ABOUT 43 YEARS,
RESPONDENTS NO.19 TO 23
ARE R/O KASHIPURA VILLAGE,
DODDAMALLAPURA POST
CHANNAGIRI TALUK – 577213.
24 . SMT ANNAPURNABAI
D/O LATE THAVARYA NAIKA, W/O LATE LAKSHAMANA NAIKA, AGED ABOUT 45 YEARS, R/O NERLAGUNDHI VILLAGE,
HANUMANAHALLI POST,
HONNALI TALUK – 577217
25 . SMT BAYANABAI
W/O VACHCHYA NAIKA,
AGED ABOUT 75 YEARS,
R/O KASHIPURA VILLAGE,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT – 577218 …RESPONDENT/S (By Sri./Smt: MUNIYAPPA M., ADVOCATE FOR C/R3 )
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REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.11.2020 IN RA NO.5/2015 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANGARE. ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 27.11.2014 PASSED IN OS NO.22/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order:-
ORDER
Appellant’s counsel submits that he had paid the cost but
not complied with office objections. Hence, another two weeks
time granted for compliance of office objections, on payment of cost of Rs.500/- (Rupees Five Hundred) to be paid with the Registry.
If cost is not paid and office objections are not complied with, within two weeks time, the appeal shall stand dismissed without reference to the Bench.
Sd/- JUDGE
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NOTE : Vide Court Order dated 01.07.2024, office objections are not complied with, hence appeal shall stand dismissed.
COPY
Sd/ASSISTANT REGISTRAR
T By: SR(PKS) R By: RG C By: CDJ Ty Date: 23.08.2024 C Date: 28.08.2024
1 provisions across 1 enactments
Dr K S Shankar Nayak
Sri Raja Naika
Smt Zareen Begum
Smt Mohanambha
Smt Kalibai
Smt Girijabai
H.P. Sanadesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
