Smt B T Varalakshmi Vs Kumaraswamy — Karnataka HC (2025) — LawSathi Research

Smt B T Varalakshmi Vs Kumaraswamy — Karnataka HC (2025) — LawSathi Research

1 - NC: 2025:KHC:31044 RSA No. 115 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.115 OF 2022 (PAR)

BETWEEN:

SMT B T VARALAKSHMI W/O LATE P K THIPPESWAMY AGED ABOUT 42 YEARS

KUM T KAVYASHREE W/O LATE P K THIPPESWAMY AGED ABOUT 24 YEARS

KUM T ANJALI W/O LATE P K THIPPESWAMY AGED ABOUT 22 YEARS

KUM T BINDUSHREE W/O LATE P K THIPPESWAMY AGED ABOUT 18 YEARS

Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

SMT SIDDAMMA W/O LATE P K PALANAYAKA AGED ABOUT 44 YEARS

P GIRISH W/O LATE P K PALANAYAKA AGED ABOUT 26 YEARS

SRI P MANJUNATHA W/O LATE P K PALANAYAKA AGED ABOUT 24 YEARS

P. SUDEEPA W/O LATE P K PALANAYAKA AGED ABOUT 22 YEARS

ALL ARE AGRICULTURISTS R/O BUKKAMBUDI VILLAGE THALAK HOBLI, CHALLAKERE

2 - NC: 2025:KHC:31044 RSA No. 115 of 2022

HC-KAR

CHITRADURGA DISTRICT -577 522.

…APPELLANTS

(BY SRI SPOORTHY HEGDE N, ADVOCATE- ABSENT)

AND:

KUMARASWAMY DEAD BY LR’s APPELLANTS NO.1 TO 8 ARE THE LR’s ALONGWITH THE LR AT I.A.NO.1/2023

GURUMURTHY S/O LATE GURRAPPA AGED ABOUT 62 YEARS AGRICULTURIST R/O EUKKAMBUDI VILLAGE THALAKU HOBLI -577 521 CHITRADURGA TALUK AT PRESENT RESIDING AT C.P.W.D QUARTERS, H S R LAYOUT BANGALORE -560 102

CHANNABASAPPA S/O DODDA BASANNA AGED ABOUT 96 YEARS

M T ESWARAPPA S/O THIPERUDRAPPA AGED ABOUT 53 YEARS

ESWARAPPA S/O UDDANA BASAPPA AGED ABOUT 68 YEARS

SUMA W/O LATE B N PRABHU AGED ABOUT 44 YEARS

KUM RAKSHITHA W/O LATE B N PRABHU AGED ABOUT 22 YEARS

KUM KARTHIK W/O LATE B N PRABHU AGED ABOUT 15 YEARS

3 - NC: 2025:KHC:31044 RSA No. 115 of 2022

HC-KAR

B N VASANTHA S/O NAGARAJAPPA AGED ABOUT 45 YEARS

NANNA SAB S/O HUSSAIN SAB AGED ABOUT 51 YEARS

RASUL S/O SHAKEELSAB AGED ABOUT 44 YEARS

DADAPEER S/O NANABABU AJJA AGED ABOUT 61 YEARS

BASAVARAJAPPA S/O ANGADI GANGANNA AGED ABOUT 67 YEARS

H ASWOK S/O ANGADI GANGANNA AGED ABOUT 47 YEARS

VENKATESH S/O VEERABHADRAPPA AGED ABOUT 50 YEARS

KENGAIAH S/O KURIOBAIAH AGED ABOUT 62 YEARS

SAVAKARI BOMMAIAH S/O MARAIAH AGED ABOUT 66 YEARS

RAJANNA S/O BORAIAH AGED ABOUT 47 YEARS

GUGGALA ERANNA S/O MARAIAH AGED ABOUT 62 YEARS

JAYANNA S/O ANGADI GABGANNA AGED ABOUT 52 YEARS

4 - NC: 2025:KHC:31044 RSA No. 115 of 2022

HC-KAR

PUSPAVATHI W/O CHANDRA AGED ABOUT 53 YEARS

PUTTANNA S/O SANNAOBAIAH AGED ABOUT 57 YEARS

M MAHESH S/O ESWARAPPA AGED ABOUT 50 YEARS

GURUMURTHY S/O GURAPPA AGED ABOUT 52 YEARS

MALLIKARJUNA S/O CHANNAMALLAIAH AGED ABOUT 47 YEARS

RESPONDENTS NO.3 TO 25 ARE RESIDING AT EUKKAMBUDI VILLAGE THALAKU HOBLI, CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 521

PANCHAYATH DEVELOPMENT OFFICE DVAREDDYHALLY PANCHAYATH THALAK HOBLI, CHITRADURGA TALUK CHITRADURGA DISTRICT 577 001

…RESPONDENTS

(BY SRI PRAVEEN KUMAR RAIKOTE, ADVOCATE FOR R2 TO R4; R6, R13, R15, R23-R25;

R5, R7, R8 TO R12, R14, R16, R17, R19, R21, R22 AND R26 ARE SERVED;

SERVICE OF NOTICE TO R20, R14 AND R18 HELD SUFFICIENT)

THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 03.08.2019 PASSED IN R.A.No.49/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHALLAKERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 22.09.2018 PASSED IN O.S.No.173/2012 ON THE FILE OF THE CIVIL JUDGE AND JMFC., MOLAKALMURU.

5 -

NC: 2025:KHC:31044 RSA No. 115 of 2022

HC-KAR

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Matter was passed over in the morning session. Case called again in the afternoon session. None present on behalf of the appellants.

Office objections with regard to I.A.No.1/2023 not complied. So also, office objections raised on amended cause title is not complied. Appeal is of the year 2022.

Taking note of the above aspects, appeal is dismissed

for non-prosecution.

Sd/(V SRISHANANDA) JUDGE

kcm List No.: 1 Sl No.: 15