IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO R.F.A.No.686/2005 C/W R.F.A.Crob.No.6/2006 R.F.A.No.686/2005:
BETWEEN:
P BASAVARAJAPPA S/O HOLEYAPPA 47 YEARS, AGRICULTURIST R/O JAMMAPURA, UBRANI HOBLI CHANNAGIRI TALUK, DAVANGERE-577505 ..APPELLANT (BY SRI A VIJAY KUMAR BHAT, ADVOCATE-ABSENT) AND:
1 . N SIDDAPPA S/O MURIGEPPA 53 YEARS, AGRICULTURIST R/O JAMMAPURA UBRANI HOBLI, CHANNAGIRI TALUK DAVANGERE, SINCE DEAD BY LRS 2 a) GOWRAMMA W/O SIDDAPPA 70 YEARS, HOSUEHOLD R/O JAMMAPURA, CHANNAGIRI TALUK-577505 b) SMT.BASAMMA W/O VIRUPAKSHAPPA 49 YEARS, HOUSEHOLD R/O BASAVARAJAPET DAVANGERE-577001 c) BASAVARAJAPPA S/O SIDDAPPA 47 YEARS, KIRANI MERCHANT HALE BETHUR ROAD, DAVANGERE-577001 d) MURUGENDRAPPA S/O SIDDAPPA 45 YEARS, R/O BASAVARAJPET DAVANGERE-577 701 e) JAYAMMA W/O CHANDRAPPA @ CHANNAPPA 43 YEARS, R/O SHIVAGANGA VILLAGE HOLALKERE TALUK, CHITRADURGA DISTRICT-577 505 f) SIDRAMAPPA S/O SIDDAPPA 41 YEARS, R/O HALEBETHUR ROAD DAVANGERE-577001 g) PUTTAMMA W/O VISHWANATHA (V P MEMBER) 39 YEARS, HOUSEHOLD R/O THURUVANUR VILLAGE JAGALUR TALUK, DAVANGERE DISTRICT-577 001 h) PARAMESHWARAPPA S/O SIDDAPPA 37 YEARS, AGRICLTURIST & BEEDI SHOP, R/O JAMMAPURA VILLAGE CHANNAGIRI TALUK-577505 i) CHANDRASHEKARAPPA S/O SIDDAPPA 35 YEARS, FINANCIER, R/O BASAVARAJPET DAVANGERE -577001 j) SUMANGALA S/O SATHISHA 33 YEARS, HOUSEHOLD 3RD MAIN, 12TH CROSS, SRINIVASA NILAYA VINOBANAGAR, DAVANGERE-577001 k) SHIVAKUMARA S/O SIDDAPPA 31 YEARS, STUDENT OF B.E. R/O JAMMAPURA VILLAGE CHANNAGIRI TALUK-577505 ..RESPONDENTS (BY SRI REUBEN JACOB, ADVOCATE FOR R-1(A TO K) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 25.01.2005 PASSED IN O.S.NO.468/2000 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (SR.DN), DAVANAGERE, PARTLY DECREEING THE SUIT BY HOLDING THAT THE APPELLANT HEREIN IS THE OWNER IN POSSESSION OF THE LAND BEARING SY.NO.29/1(B) MEASURING 2A-39 ½G WITH NEWLY RAISED AREKA GARDEN IN ABOUT 2 ACRES EXTENT WITH THE BOUNDARIES STATED AND ALSO GRANTING A DECREE OF PERMANENT INJUNCTION AGAINST THE RESPONDENTS HEREIN IN RESPECT OF THE ABOVE SAID SUIT SCHEDULE LAND ONLY.
R.F.A.Crob.No.6/2006: BETWEEN:
1 . N SIDDAPPA S/O MURIGEPPA SINCE DECEASED BY LRS a) GOWRAMMA W/O SIDDAPPA 70 YEARS, HOSUEHOLD WORK R/O JAMMAPURA, CHANNAGIRI TALUK-577002 b) SMT.BASAMMA W/O VIRUPAKSHAPPA 49 YEARS, HOUSEHOLD WORK R/O BASAVARAJAPET DAVANGERE-577002 c) BASAVARAJAPPA S/O SIDDAPPA 47 YEARS, KIRANI MERCHANT HALE BETHUR ROAD, DAVANGERE-577002 d) MURUGENDRAPPA S/O SIDDAPPA 45 YEARS, R/O BASAVARAJPET DAVANGERE-577 002 e) JAYAMMA W/O CHANDRAPPA @ CHANNAPPA 43 YEARS, R/O SHIVAGANGA VILLAGE HOLALKERE TALUK, CHITRADURGA DISTRICT-577002 f) SIDRAMAPPA S/O SIDDAPPA 41 YEARS, R/O HALEBETHUR ROAD DAVANGERE-577002 g) PUTTAMMA W/O VISHWANATHA (V P MEMBER) 39 YEARS, HOUSEHOLD R/O THURUVANUR VILLAGE JAGALUR TALUK, DAVANGERE DISTRICT-577 002 h) PARAMESHWARAPPA S/O SIDDAPPA 37 YEARS, AGRICLTURIST & BEEDI SHOP, R/O JAMMAPURA VILLAGE CHANNAGIRI TALUK DAVANAGERE-577002 i) CHANDRASHEKARAPPA S/O SIDDAPPA 35 YEARS, FINANCIER, R/O BASAVARAJPET DAVANGERE -577002 j) SUMANGALA S/O SATHISHA 33 YEARS, HOUSEHOLD WORK 3RD MAIN, 12TH CROSS, SRINIVASA NILAYA VINOBANAGAR, DAVANGERE-577002 k) SHIVAKUMARA S/O SIDDAPPA 31 YEARS, STUDENT OF B.E. R/O JAMMAPURA VILLAGE CHANNAGIRI TALUK DAVANAGERE-577002 ..CROSS OBJECTORS (BY SRI REUBEN JACOB, ADVOCATE-ABSENT) AND:
P BASAVARAJAPPA S/O HOLEYAPPA AGED ABOUT 47 YEARS OCC: AGRICULTURIST R/O JAMMAPURA UBRANI HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT-577002 ..RESPONDENT (BY SRI KALEEMULLAH SHARIFF, ADVOCATE DIRECTED TO TAKE NOTICE) THIS RFA CROB IS FILED UNDER ORDER 41 RULE 22 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 25.01.2005 PASSED IN O.S.No.468/2000 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (SR.DN), DAVANAGERE, PARTLY DECREEING THE SUIT FOR DECLARATION AND INJUNCTION.
RFA AND RFA CROB COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for appellant and cross objectors absent. No representation. Appeal is of the year 2005 and cross objection is of the year 2006 and of the year 2000 in terms of the original suit. It is listed for final hearing that was notified well in advance. It appears that appellant and cross objectors are not interested in prosecuting the appeal and cross objection.
Appeal and cross objection are dismissed for non-prosecution.
Sd/- JUDGE SBN