Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 1104 OF 2017 Between:
C. B. CHITTIAPPA SON OF LATE BHEEMAIAH, AGED ABOUT 78 YEARS, RESIDENT OF NALKERY VILLAGE AND P.O. SRIMANGALA NAD VIRAJPET TALUK KODAGU - 571 217.
... APPELLANT (BY SRI. RAMAKRISHNA M., ADVOCATE -ABSENT ) And:
1. MALLAPANERA CHAMI CHINNAPPA AGED ABOUT 50 YEARS.
2. MALLAPANERA BABY BELLIAPPA AGED ABOUT 55 YEARS.
3. MALLAPANERA RAGHU GANAPATHY AGED ABOUT 48 YEARS. RESPONDENTS 1 TO 3 ARE SON OF LATE CHENGAPPA.
4. MALLAPANERA VINU @ VINESHKUMAR AGED ABOUT 30 YEARS, SON OF LATE CHINNAPPA.
5. MALLAPANERA SANNU GANAPATHY AGED ABOUT 47 YEARS, SON OF LATE NANJAPPA.
6. CHIMMANAMADA SASHI KUSHALAPPA AGED ABOUT 48 YEARS, SON OF LATE NANAIAH.
7. CHIMMANAMADA RAVI NARENDRA SON OF LATE NANAIAH AGED ABOUT 42 YEARS.
RESPONDENTS NO.1 TO 5 ARE RESIDENTS OF NALKERY VILLAGE RESPONDENTS NO. 6 AND 7 ARE RESIDENTS OF KUMTOOR BADAGA VILLAGE, BOTH THE VILLAGES ARE THE ADJOOINING VILLAGE OF SHRIMANGALA NAD SOUTH KODAGU - 571 217.
8. SRI C. B. APPACHU SON OF LATE BHEMMAIAH, AGED ABOUT 83 YEARS, ADVOCATE MADIKERI KODAGU - 571 217.
9. SRI C. B. SOMAIAH SON OF LATE BHEMMAIAH, AGED ABOUT 72 YEARS, RESIDENT OF NALKERY VILLAGE AND POST, VIRAJPET TALUK KODAGU - 571 217.
... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 10.03.2017 PASSED IN R.A.NO.3/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE, VIRAJPET, DISMISSING THE APPEAL FILED AGAINST THE JUDGEMENT AND DECREE DATED 22.12.2007 PASSED IN O.S.NO.53/2005 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC, VIRAJPET.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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