IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.S.A.No.1121/2012 C/W R.S.A.No.1099/2012 IN RSA No.1121/2012 BETWEEN:
1. SMT.AKKAYAMMA W/O LATE CHENNAPPA AGED ABOUT 52 YEARS 2. GOPALAKRISHNA AGED ABOUT 42 YEARS 3. MANJUNATHA AGED ABOUT 37 YEARS 4. SAROJAMMA W/O NARAYANAPPA AGED ABOUT 34 YEARS ALL R/AT AMBEDKAR COLONY, KAIWARA CHINTHAMANI TALUK – 563 125.
..APPELLANTS (SMT.AKKAYAMMA-PARTY-IN-PERSON-ABSENT) AND:
1. ABDUL GAFFAR KHAN AGED ABOUT 65 YEARS S/O MAHABOOB KHAN P.W.D.CONTRACTOR 2. KHALEEL KHAN AGED ABOUT 66 YEARS S/O MAHABOOB KHAN ELECTRIC CONTRACTOR 3. KHALEEK KHAN AGED ABOUT 79 YEARS S/O MAHABOOB KHAN ALL RESIDING AT KAIWARA VILLAGE, CHINTHAMANI TALUK CHIKKABALLAPUR DISTRICT – 563 125.
4. RAVI KUMAR AGED ABOUT 38 YEARS S/O CHENNAPPA 5. VARALAKSHMAMMA AGED ABOUT 33 YEARS W/O VENKATARAVANAPPA D/O CHENNAPPA.
(RESPONDENTS 4 AND 5 R/AT AMBEDKAR COLONY KAIWARA – CHINTHAMANI TALUK – 563 125.
..RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 15.03.2012 PASSED IN R.A.No.35/2004 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, CHINTHAMANI, ALLOWING THE APPEAL SETTING ASIDE THE JUDGMENT AND DECREE DATED 31.10.2003 PASSED IN O.S.No.135/1986 ON THE FILE OF PRINCIPAL CIVIL JUDGE(JR.DN) & JMFC, CIVIL JUDGE, CHINTHAMANI.
IN RSA No.1099/2012 BETWEEN:
CHENNAPPA SINCE DEAD BY LRS 1. SMT.AKKAYAMMA W/O LATE CHENNAPPA AGED ABOUT 52 YEARS 2. GOPALAKRISHNA AGED ABOUT 42 YEARS 3. MANJUNATHA AGED ABOUT 37 YEARS 4. SAROJAMMA W/O NARAYANAPPA AGED ABOUT 34 YEARS ALL R/AT AMBEDKAR COLONY, KAIWARA CHINTHAMANI TALUK – 563 125.
…APPELLANTS (SMT.AKKAYAMMA-PARTY-IN-PERSON – ABSENT) AND:
1. SMT.RAJIABEGUM MAJOR W/O LATE ABDUL HABEEBKHAN.
2. ABDUL GAFFAR KHAN S/O MAHABOOB KHAN BOTH ARE R/AT KAIWARA VILLAGE CHINTHAMANI TALUK – 563 125.
3. KAIWARA GRAMA PANCHAYAT BY ITS SECRETARY, KAIWARA GRAMA PANCHAYATH CHINTHAMANI-563 125.
4. TAHASILDAR CHINTHAMANI CHINTHAMANI TALUK-563 125.
5. GOVERNMENT OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001.
6. RAVI KUMAR AGED ABOUT 37 YEARS, 7. VARALAKSHMAMMA AGED ABOUT 32 YEARS W/O VENKATARAMANAPPA RESPONDENT No.6 AND 7 R/AT AMBEDKAR COLONY, KAIWARA, CHINTHAMANI TALUK-563 125.
... RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED:15.03.2012 PASSED IN R.A.NO.96/2005 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, CHINTHAMANI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED:08.08.2005 PASSED IN O.S.NO.68/1990 ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC, CHINTAMANI.
THESE RSAs COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for appellant does not represent appellant as his name is deleted. Now it is Appellant- party-in-person.
Appellant-party-in-person called out. Absent.
No representation.
Appeals are dismissed for non-prosecution.
Sd/- JUDGE SBN