IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF NOVEMBER, 2016 BEFORE:
THE HON’BLE MR.JUSTICE G.NARENDAR R.S.A. No.597/2012 BETWEEN:
1. GUMMANNA S/O SHIVAMMA AGE MAJOR 2. SHESHAPPA S/O SHIVAMMA AGE MAJOR 3. MANJAPPA S/O THYAMA AGE MAJOR ALL ARE RESIDENTS OF KALAI THARABARI OF MACHINA VILLAGE BELTHYANGADI TALUK D.K.DISTRICT-574214. … APPELLANTS (BY SRI NATARAJA BALLAL-ADV)(ABSENT) AND:
1. SOMAPPA S/O JAKU, AGE MAJOR R/O NIDDAJE HOUSE KALANJE VILLAGE BALTHANAGADI TQ D.K.DISTRICT-574214 2. RUKMINI HENGSU D/O SESU, AGE MAJOR R/AT KALAI, BALAKARADDA MACHINA VILLAGE BELTHANAGADI TALUK POST THANNIRUPANTHA D.K.DISTRICT-574214.
3. VENKAPPA POOJARI S/O RUKMI, AGE MAJOR R/AT KALAI, BALAKARADDA MACHINA VILLAGE BELTHANAGADI TALUK POST THANNIRUPANTHA D.K.DISTRICT-574214.
4. KORAPOLU HENGSU D/O RUKMI, AGE MAJOR 5. PAVITHRA D/O KORAPOLU AGED 24 YEARS 6. VANITHA D/O KORAPOLU AGED 21 YEARS 7. GEETHA AGED 19 YEARS 8. ANITHA D/O KORAPOLU AGED 16 YEARS SINCE R8 IS MINOR, REP. BY HER MOTHER NATUARAL GURDIAN-KORAPOLU 9. PRASHANATHA S/O KORAPOLU AGED 15 YEARS REP BY HIS MOTHER NATUARAL GUARDIAN-KORAPOLU R5 TO R9 ARE CHILDREN OF R4 & R/O KALAI, BALAKARADDA MACHINA VILLAGE BELTHANAGADI TALUK POST : THANNIRUPANTHA D.K.DISTRICT-574214.
10. BABU POOJARY S/O JAKU, AGE MAJOR 11. POOVAKKA D/O JAKU, AGE MAJOR 12. SEETHU D/O KOTYAPPA, AGE MAJOR 13. GANGAMMA D/O SEETHU, AGE MAJOR 14. KUSUMA D/O SEETHU, AGE MAJOR R-10 TO R-14 ARE R/O NIDDAJE HOUSE, KALANAJA VILLAGE BELTHANGADI TQ, D.K.-574214.
15. ANNU S/O JAKU, AGE MAJOR 16. RANAGAPPA S/O SEETHA, AGE MAJOR 17. KUSUMA, AGE MAJOR 18. VEERAPPA, AGE MAJOR 19. THEJAVATHI, AGE MAJOR 20. DEEKAMMA, AGE MAJOR 21. VITTALA, AGE MAJOR R-18 TO 21 ARE CHILDREN OF GANGAMMA, & R-15 TO 21 ARE R/AT NIDDAJE HOUSE KALANJA VILLAGE BELTHANAGADI TQ, D.K.574214 22. DEEKAMMA AGE: MAJOR, D/O AKKU 23. SUNANDA, AGE: MAJOR 24. RAGAVA, AGE: MAJOR 25. SHEKARA, AGE: MAJOR 26. SEETHA, AGE: MAJOR 27. SURENDRA, AGE: MAJOR 28. KORAGAPPA, AGE: MAJOR R-22 TO 29 ARE CHILDREN OF DEEKU, R/AT BANABETTU HOUSE THEKKARU VILLAGE BELTHANGADI TQ, POST THEKKARU, D.K.DISTRICT-574214 29. GANGADHARA S/O SUNANDA 30. JAYANTHI D/O SUNANDA 31. ANNU, AGED 24 YEARS 32. HARISHA, AGED 22 YEARS 33. PUSHPA, AGED 22 YEARS 34. KUSUMA, AGED 16 YEARS REP BY GUARDIAN MOTHER SEETHA R-26 R-31 TO 34 ARE CHILDREN OF SEETHA R/AT BANABETTU THEKKAR VILLAGE BELTHANGADI TQ POST THEKKAR D.K.DISTRICT-574214 35. THUMINI S/O KUNHI R/O SOUTHODU KOYYUR VILLAGE BELTHANGADI TQ, D.K.DISTRICT-574214 36. SUNDARI 37. JAYANTHI 38. LAKSHMANA 39. SHALINI 40. MALATHI 41. RAJU 42. PREMLATHA 43. ANNI 44. VAJRAMUNI R-33 TO 44 ARE MAJORS CHILDREN OF JAKU R/AT NIDDAJE, KALANJA VILLAGE BELTHANGADI TQ, D.K.DISTRICT-574214.
45. CHALUVAMMA W/O SHIVAPPA 46. DEEKAMMA 47. KORAGAPPA R-46 & 47 ARE CHILDREN OF CHELUVAMMA R/AT THEKKAR VILLAGE BELTHANAGADI TALUK, D.K.574214 48. JANAKI D/O SHIVAMMA AGE MAJOR 49. SHOBHA AGED 18 YEARS 50. BHARATHI AGED 16 YEARS R-50 IS REPRESENTED MOTHER JANAKI R-48, ALL ARE R/AT KALAI THARABARI OF MACHINA VILLAGE, BELTHNGADI TALUK D.K.DISTRICT-574214.
51. MOHANA AGED 24 YEARS 52. SUSHEELA AGED 20 YEARS R-51 & 52 ARE CHILDREN OF LATE BOODU, R/O KALAI THARABARI OF MACHINA VILLAGE, BELTHNGADI TALUK D.K.DISTRICT-574214. … RESPONDENTS * * * THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED: 9.12.2011 PASSED IN R.A. NO.49/2000 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE & JMFC., PUTTUR, SITTING AS ITINERARY AT BELTHANGADY, D.K. DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.3.2000 PASSED IN O.S. NO.185/1989 ON THE FILE OF THE CIVIL JUDGE (JR.DN), JMFC., BELTHANGADI, D.K.
THIS RSA IS COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT The appeal was listed on 24.10.2016. This Court taking note of the fact that, previously this Court had directed the appellants to file the typed copy of the Judgment and Decree and that the orders of this Court had not been complied with till date directed further listing. This Court further took note of the fact that the appeal is filed in the year 2012 and directed it be re-listed to afford one more opportunity to the appellants to comply with the same. Hence, the hearing of the appeal was adjourned as a last chance.
2. The office note states that the appellants have not complied with the office objections, despite sufficient opportunity being granted.
Hence, the appeal is dismissed for non-compliance with the orders of this Court.
Sd/- JUDGE SS-CT Ksm*