IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.216/2007 BETWEEN:
SMT.SAVITHRAMMA W/O RAMACHANDRAPPA AGED ABOUT 75 YEARS R/O HOYSANAHALLI, PILLANGERE POST SHIMOGA TALUK AND DISTRICT – 577 201 …APPELLANT [(BY SRI D.S.HOSMATH, ADV. (ABSENT)] AND:
1. ESHWARAPPA SINCE DEAD BY HIS LRs.
1(a). DEVEERAMMA W/O LATE ESHWARAPPA AGED 70 YEARS 1(b). LOKESH S/O ESHWARAPPA AGED 50 YEARS 1(c). VEERUPAKSHI S/O LATE ESHWARAPPA AGED 35 YEARS R1(a) TO R1(c) ARE R/O HOYASANAHALLI, PILLANGERE POST SHIMOGA TALUK AND DISTRICT 2. NANJUNDAPPA S/O CHANNABASAPPA AGED MAJOR AGRICULTURIST R/O HOYAANAHALLI PILLANGERE POST, SHIMOGA TALUK AND DISTRICT – 577 201 …RESPONDENTS (BY SRI NEELAKANTAPPA K.PUJAR, ADV. FOR R1(a) & (c) AND R2;
R1(b) - SERVED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:22.12.2006 PASSED IN R.A.NO.54/2003 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (SR.DN.), SHIMOGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 10.04.2003 PASSED IN O.S.NO.400/96 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN.), SHIMOGA.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T No representation for the appellant. The peremptory order dated 02.12.2019 is not complied.
2. Appellant filed the suit against respondent Nos.1 and 2 for declaration of title, for possession and for permanent injunction. The trial court decreed the suit. The first appellate court reversed the judgment and decree of the trial court and dismissed the suit.
3. The appeal against respondent No.1 is dismissed for non-compliance. The decree against the respondent is indivisible. In view of the dismissal of the appeal against respondent No.1, if the appeal against respondent No.2 is proceeded, it is likely to cause conflicting decisions.
4. Under the circumstances and having regard to the ratio of the judgment of the Hon’ble Supreme Court in Ram Sarup –vs- Munshi & Others1, entire appeal is required to be dismissed. Therefore, the appeal is dismissed.
Sd/- JUDGE KNM/-
1 AIR 1963 SC 553