A regular second appeal concerning a property dispute between family members was listed for orders; two weeks were granted to comply with office objections, failing which the appeal would stand dismissed 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON' BLE MR. JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL NO.869 OF 2023
BETWEEN
AGED ABOUT 38 YEARS
…2
2
RSA NO. 869/2023
APPELLANTS 1 TO 5 ARE
R/O ARINAGANAHALLI VILLAGE HOLURU HOBLI KOLAR TALUK-563102 ...APPELLANT/S
(By Sri./Smt : KESHAV R AGNIHOTRI, ADVOCATE)
AND
R1 TO 3 ARE R/O SHINGODAHALLI VILLAGE BEGLI HOSAHALLI POST KOLAR TALUK AND DISTRICT-563102
…3
3
RSA NO. 869/2023
SMT. BYCHAMMA W/O LATE BYRAPPA SINCE DEAD BY LRS
5 . SMT. VENKATAMMA W/O VENKATARAMAPPA D/O LATE BYRAPPA, 62 YEARS R/O ARALAKUNTE VILLAGE HUTHURU HOBLI KOLAR TALUK-563102
6 . SMT. MANJAMMA W/O GAVIYAPPA D/O LATE BYRAPPA 51 YEARS R/O DODRAHALLI VILLAGE ROBERTSONPET HOBLI KGF TALUK-563117
…4
RSA NO. 869/2023
4
W/O RAMA MURTHY D/O LATE BYRAPPA 48 YEARS R/O BANDARAHALLI VILLAGE KAMASAMUDRA HOBLI BANGARPET TALUK-563114
8 . SMT. RAJAMMA W/O NARAYANASWAMY D/O LATE BYRAPPA 46 YEARS R/O CHOLAGHATTA VILLAGE KASABA HOBLI KOLAR TALUK-563102
9 . MUNIVENKATAPPA @ MUNIYAPPA S/O LATE VENAKTARAMAPPA AGED ABOUT 69 YEARS R/O ARINAGANAHALLI VILLAGE HOLURU HOBLI KOLAR TALUK-563102
SRI. BYRAPPA
S/O LATE VENKATARAMAPPA SINCE DEAD BY LRS
…5
RSA NO. 869/2023
5
10. AKKAYAMMA
W/O LATE BYRAPPA
AGED ABOUT 67 YEARS R/O ARINAGANAHALLI VILLAGE THORADEVANDAHALLI POST HOLUR HOBLI
KOLAR TALUK-563102
11 . GOPALKRISHNA S/O LATE BYRAPPA AGED ABOUT 43 YEARS
D/O LATE BYRAPPA W/O GOVINDAPPA AGED ABOUT 41 YEARS
13 . SUSHEELA W/O MUNEGOWDA D/O LATE BYRAPPA AGED ABOUT 37 YEARS
D/O BYRAPPA, W/O MANJUNATH
AGED ABOUT 34 YEARS
…6
6
RSA NO. 869/2023
RESP. no. 11 TO 14
R/O ARINAGANAHALLI VILLAGE THORADEVANDAHALLI POST KOLAR TALUK AND DISTRICT-563102
15 . CHANNAMMA W/O LATE PAPANNA AGED ABOUT 71 YEARS R/O ARINAGANAHALLI VILLAGE THORADEVANDAHALLI POST KOLAR TALUK-563102 …RESPONDENT/S
REGULAR SECOND APPEAL FILED UNDER SEC.100 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.02.2020 PASSED IN RA NO.155/2016 AND 8/2017 ON THE FILE OF I ADDITIONAL DISTRICT JUDGE, AT KOLAR., ALLOWING THE RA NO.155/2016, DISMISSING THE RA NO.08/2017 AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 28.09.2016 PASSED IN OS NO.48/2013 ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE, KOLAR.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order:-
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RSA NO. 869/2023
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ORDER
Finally, Two weeks time is granted to comply with the office objections, failing which, the appeal stands dismissed for
non-prosecution, without reference to the Bench.
Sd/- JUDGE
NOTE : Vide Court Order dated 10.09.2024, office objections
are not complied with, hence appeal stands dismissed.
COPY
Sd/ASSISTANT REGISTRAR
T By: SR R By: RG C By: CMS
Ty Date: 19.11.2024 C Date: 20.11.2024
1 provisions across 1 enactments
Sri. M. Gopal
Smt. M. Parvathamma
Sri. M. Manjunatha
Sri. Chalapathi
Sri. P. Rajesh
Sri Munishamappa
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
