M.B.Ekambrachari Vs Smt. H.R.Sharadamma — Karnataka HC (2026) — LawSathi Research

M.B.Ekambrachari Vs Smt. H.R.Sharadamma — Karnataka HC (2026) — LawSathi Research

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RSA No. 528 of 2020

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF FEBRUARY, 2023

BEFORE

THE HON'BLE MR JUSTICE H.P.SANDESH

REGULAR SECOND APPEAL NO. 528 OF 2020 (DEC/INJ)

BETWEEN:

M.B.EKAMBRACHARI

SINCE DEAD BY LRS

UMAVATHI

WIFE OF LATE EKAMBRACHARI AGED ABOUT 66 YEARS,

SRI SHANKAR

S/O. LATE EKAMBRACHARI AGED ABOUT 48 YEARS,

PADMAJA

D/O. LATE EKAMBRACHARI AGED ABOUT 50 YEARS,

Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA

SMT. SHIVALEELA D/O. LATE EKAMBRACHARI AGED ABOUT 46 YEARS,

SRI GURUPRASAD S/O. LATE EKAMBRACHARI AGED ABOUT 44 YEARS,

SRI SHUSHAN BABU S/O. LATE EKAMBRACHARI AGED ABOUT 38 YEARS,

ALL RESIDENT OF MACHOHALLI VILLAGE

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RSA No. 528 of 2020

VISHWANEEDAM POST, BENGALURU-566 091

…APPELLANTS

(BY SRI. B. SHARATH KUMAR, ADVOCATE)

AND:

SMT. H.R. SHARADAMMA W/O. LATE SIDDAPPACHAR AGED ABOUT 80 YEARS,

M.S. ASHWATHANARAYANA ACHARI S/O. LATE SIDDAPPACHAR AGED ABOUT 60 YEARS,

SRI SUBRAMANYAM SINCE DEAD BY LRS

KUSUMA W/O. LATE SUBRAMANI AGED ABOUT 55 YEARS

MANASA D/O. LATE SUBRAMANI AGED ABOUT 31 YEARS

MADHU S/O. LATE SUBRAMANI AGED ABOUT 27 YEARS

SHASHIDHAR S/O. LATE SUBRAMANI AGED ABOUT 25 YEARS,

RESPONDENTS NO.3 TO 6 ARE RESIDENT AT C/O. ALLUMUNIYAPPA COMPOUND, JAKKUR VILLAGE, NEAR BUS STAND POST OFFICE ROAD, BYATARAYANAPURA, YELAHANKA BENGALURU-560 064.

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RSA No. 528 of 2020

M.S. SHIVASHANKAR MURTHY S/O. SIDDAPPACHAR AGED ABOUT 54 YEARS,

RESPONDENT NOS.1, 2 AND 7 ARE ALL RESIDENT OF MACHOHALLI VILLAGE, VISHWANEEDAM POST BENGALURU-560 091.

NAGARATHNAMMA W/O. H.S. RAJAGOPALACHAR D/O. LATE SIDDAPPACHAR AGED ABOUT 63 YEARS RESIDENT OF O.P.O. ROAD, CHIKKABALLAPURA -562 101.

S. BHAGEERATHAMMA WIFE OF CHANDRACHARI D/O. LATE SIDDAPPACHAR AGED ABOUT 61 YEARS, RESIDENT AT GANGAMMA TEMPLE STREET CHIKKABALLAPURA-562 101.

M.S. PRAHAVATHAMMA WIFE OF LATE S.E. RAJAGOPALACHARI D/O. LATE SIDDAPPACHAR AGED ABOUT 58 YEARS RESIDENT AT YAGGANAHALLI NEAR MOHAN TALKIES BENGALURU-560 091.

…RESPONDENTS

THIS RSA IS FILED UNDER 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.09.2019 PASSED IN R.A. NO.63/2012 ON THE FILE OF THE VIII ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 09.12.2011 PASSED IN O.S.NO.306/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., AT NELAMANGALA.

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RSA No. 528 of 2020

THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

This Court, vide order dated 07.02.2023, granted two weeks time to comply with the office objections on payment of cost of Rs.1,000/- and also made it clear that, if the cost is not paid and the office objections are not complied with, list this matter for dismissal. Inspite of the same, the learned counsel for the appellants has not complied with the office objections but, has only paid the cost.

Hence, the appeal is dismissed for non-compliance of office objections.

Sd/JUDGE

ST

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