S M Mallikarjuna Vs S B Veerabhadrappa — Karnataka HC (2025) — LawSathi Research

S M Mallikarjuna Vs S B Veerabhadrappa — Karnataka HC (2025) — LawSathi Research

1 - NC: 2025:KHC:19655 RSA No. 2074 of 2021

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE H.P.SANDESH

REGULAR SECOND APPEAL NO.2074 OF 2021 (DEC/INJ)

BETWEEN:

S.M. MALLIKARJUNA, S/O LATE MUDDAPPA, AGED ABOUT 52 YEARS.

S.M. GNANASHEKAR, S/O LATE MUDDAPPA, AGED ABOUT 56 YEARS.

APPELLANT NO.1 AND 2 ARE RESIDING AT SINGENAHALLI VILLAGE, VEMGAL HOBLI, KOLAR TALUK, KOLAR-563 102.

Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

VISHWANATHA S.M., S/O LATE MUDDAPPA,

AGED ABOUT 59 YEARS.

PRAKASH S.M., S/O LATE MUDDAPPA, AGED ABOUT 51 YEARS.

MAHADEVAMMA, W/O SHIVANNA , D/O LATE MUDDAPPA, AGED ABOUT 67 YEARS.

NAGARATHNAMMA, D/O LATE MUDDAPPA, DEAD AND NO LEGAL HEIRS.

2 - NC: 2025:KHC:19655 RSA No. 2074 of 2021

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APPELLANTS NO.3 TO 5 ARE RESIDING AT SINGEHALLI VILLAGE, VEMGAL HOBLI, KOLAR TALUK, KOLAR-563 102.

…APPELLANTS

(BY SRI. RAHUL S. REDDY, ADVOCATE - ABSENT)

AND:

S.B. VEERABHADRAPPA, S/O LATE BASAVARAJAPPA, AGED ABOUT 64 YEARS.

S.B.MUDDAPPA, DEAD BY LRS.

MANJULADEVI, W/O LATE S.B.MUDDAPPA, AGED ABOUT 36 YEARS.

LISHA, D/O LATE S.B.MUDDAPPA, AGED ABOUT 15 YEARS.

CHAITRA, D/O LATE S.B. MUDDAPPA, AGED ABOUT 9 YEARS.

RESPONDENT NO.3 AND 4 ARE MINORS AND REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER RESPONDENT NO.2.

RESPONDENTS NO.1 TO 4 ARE RESIDING AT SINGEHALLI VILLAGE, VEMGAL HOBLI, KOLAR TALUK, KOLAR – 563 102.

SPECIAL LAND ACQUISITON OFFICER, ATTACHED TO KARNATAKA STATE INDUSTRIAL DEVELOPMENT BOARD, NO.14/3, 1^ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001.

3 - NC: 2025:KHC:19655 RSA No. 2074 of 2021

HC-KAR

S.V. MUDDAPPA,

DEAD BY LRS.

GAYITHRAMMA, W/O LATE S.V.MUDDAPPA, AGED ABOUT 69 YEARS.

S.V. VINODH, S/O LATE S.V.MUDDAPPA, AGED ABOUT 39 YEARS.

S.V. VIKAS, S/O LATE S.V.MUDDAPPA, AGED ABOUT 34 YEARS.

RESPONDENTS NO.6 TO 8 ARE RESIDING AT HOUSE NO.110, SRIVENKATESHWARA KRUPA, SHARADA COLONY, WARD NO.101, 1^ST ‘H’ CROSS, 3^RD STAGE, 4^TH BLOCK, KAMAKASHIPALYA, BASAVESHWARANAGARA, BENGALURU-560 079.

…RESPONDENTS

THIS RSA IS FILED UNDER SECTION 100 R/W ORDER 41 RULE 2 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.03.2021 PASSED IN R.A.NO.79/2017 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, KOLAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.04.2017 PASSED IN O.S.NO.793/2008 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, KOLAR.

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

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NC: 2025:KHC:19655 RSA No. 2074 of 2021

HC-KAR

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

This second appeal was filed in 2021 and the learned counsel for the appellants was not pursuing the matter diligently. When the matter was listed on 03.06.2025, this Court noted that the learned counsel for the appellants is absent and also taken note that on 24.07.2024, at the request of the learned counsel for the appellants the matter was adjourned and inspite of the same, not pursuing the matter. However, in the ends of justice one more opportunity was given to the learned counsel for the appellants and also it

was made clear that if the learned counsel for the appellants does not appear on the next date of hearing, the appeal will be dismissed. Inspite of the said order, the learned counsel for the appellants is not pursuing the matter. Hence, the appeal is dismissed.

Sd/(H.P.SANDESH) JUDGE

MD

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