The Regular Second Appeal was listed; as the appellant failed to file representation or pay costs to comply with office objections, the appeal was dismissed.
The appeal was dismissed for non-filing of representation and non-payment of costs.
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 02ND DAY OF FEBRUARY, 2024 BEFORE
THE HON' BLE MR. JUSTICE M.G.S KAMAL
REGULAR SECOND APPEAL NO. 663 OF 2022
BETWEEN:
SMT. SUNANDAMMA
WIFE OF SRI NARAYANASWAMY
AGED ABOUT 54 YEARS
RESIDENT OF DYAVARAHALLI VILLAGE
BASSETTIHALLI HOBLI
SIDLAGHATTA TALUK
CHICKBALLAPUR DISTRICT – 562101 ...APPELLANT/S
(By Sri./Smt : MURALIDHARA.P., ADVOCATE)
AND:
SRI N BALARAJU
SON OF NARAYANASWAMY
SINCE DECEASED BY LRS
WIFE OF LATE P.NARAYANASWAMY AGED ABOUT 80 YEARS
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WIFE OF LATE BALARAJU
AGED ABOUT 50 YEARS
DAUGHTER OF LATE BALARAJU
AGED ABOUT 25 YEARS
SON OF LATE BALARAJU AGED ABOUT 23 YEARS
RESPONDENTS NO.1 TO 4 ARE RESIDING AT NO.18, 2ND MAIN ROAD AATHMANANDA COLONY, SULTHANPALYA BENGALURU - 560 032
SMT. JAYAMMA WIFE OF B.L. VENUGOPALA REDDY SINCE DECEASED BY LRS
5. SRI B.L. VENUGOPALA REDDY
SON OF LATE LAKSHMANA REDDY AGED ABOUT 65 YEARS
6 . SRI V RAVI KUMAR
SON OF B.L. VENUGOPALA REDDY AGED ABOUT 44 YEARS
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RSA NO. 663/2022
RESPONDENTS NO.5 AND 6 ARE RESIDING AT ADEGARAHALLI VILLAGE MANDIKAL HOBLI, CHICKBALLAPURA TALUK CHICKBALLAPUR DISTRICT - 562 101
WIFE OF SRI MUNIKRISHNAPPA AGED ABOUT 50 YEARS RESIDING AT VIJAYAPURA TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110
DAUGHTER OF LATE SRI LAKSHMANA REDDY WIFE OF SRI NANJA REDDY
AGED ABOUT 48 YEARS RESIDING AT KARIGANATHAAMMANAALLI VILLAGE
YALLODU POST, GUDIBANDE TALUK CHICKBALLAPURA DISTRICT - 562 101
…4
RSA NO. 663/2022
4
CHICKBALLAPURA TALUK
CHICKBALLAPURA DISTRICT - 562 101
SON OF LATE SRI KONDAPPA ALIAS CHINNAPPA AGED ABOUT 60 YEARS
SON OF LATE SRI KONDAPPA ALIAS CHINNAPPA
AGED ABOUT 55 YEARS
RESPONDENT NO. 10 AND 11 ARE R/AT. ADEGARAHALLI VILLAGE, MANDIKAL HOBLI,
CHICKBALLAPUR TALUK CHICKBALLAPUR DISTRICT-562101
SMT. SONNAMMA
WIFE OF NARAYANA REDDY SINCE DECEASED BY HER LRS
12. SRI NARAYANA REDDY
HUSBAND OF LATE SONNAMMA AGED ABOUT 85 YEARS
DAUGHTER OF SRI NARAYANA REDDY AGED ABOUT 40 YEARS
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5
RESPONDENTS NO.12 AND 13 ARE
RESIDING AT HIRENAGAVALLI VILLAGE MANDIKAL HOBLI, CHICKBALLAPURA TALUK
CHICKBALLAPURA DISTRICT - 562 101
14 . SMT. SHOBHA WIFE OF SRI MARUTHI
AGED ABOUT 35 YEARS RESIDENT OF BAYAPPANAHALLI VILLAGE SADALI HOBLI SIDLAGHATTA TALUK CHICKBALLAPURA DISTRICT - 562 101
15 . SRI PRABHAKAR
SON OF SRI NARAYANA REDDY
AGED ABOUT 33 YEARS
RESIDING AT HIRENAGAVALLI VILLAGE MANDIKAL HOBLI, CHICKBALLAPURA TALUK
CHICKBALLAPURA DISTRICT – 562101 …RESPONDENT/S
(By Sri./Smt : ANAND.V, ADVOCATE FOR C/R1 TO R4)
THIS REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 23.12.2021 PASSED IN RA.No.05/2017 ON THE FILE OF THE
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III-ADDITIONAL DISTRICT AND SESSIONS JUDGE CHIKKABALLAPURA, PARTLY ALLOWING THE APPEAL AND PARTLY SETTING ASIDE THE JUDGMENT AND DECREE DATED 28.11.2016 PASSED IN OS.No.505/2007 ON THE FILE OF THE ADDITIONAL, SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPUR.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order.
ORDER
On 27.11.2023 there was no representation on behalf of
the appellant, a week’s time was granted to comply the office objections subject to payment of cost of Rs.500/- making it clear that if the office objections are not complied with, the matter would be listed for dismissal on 11.12.2023.
The matter is listed today. Even today there is no representation on behalf of the appellant. Neither the cost is paid nor the office objections are complied with.
However, in the interest of justice, two weeks’ time is granted to comply with the office objections on payment of cost
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failing to do the needful resulting in dismissal of the appeal
without reference to the Bench.
Sd/JUDGE
NOTE : Vide Court Order dated 02.02.2024, office objections
are not complied with, hence appeal shall stands dismissed.
COPY
Sd/ASSISTANT REGISTRAR
T By : SR R By : RG C By : PH Ty Dt : 15.03.2024 C.Dt : 18.03.2024
Smt. Sunandamma
Sri N Balaraju Lrs
Smt. Jayamma Lrs
Smt. Chethana
Raksha
Sri Rohith
M.G.S Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
