IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD REGULAR SECOND APPEAL NO. 1745 OF 2017 BETWEEN:
1. SRI IKKAYALLAPPA DECEASED BY HIS LRS a) SMT. AKKAYAMMA WIFE OF LATE IKKALAPPA AGED ABOUT 65 YEARS, RESIDING AT HUDDGUR VILLAGE, D. PALYA HOBLI, GOWRIBIDANUR TLAUK CHICKBALLAPUR DISTRICT.
b) SMT. NARASAMMA DAUGHTER OF LATE IKKALAPPA AGED ABOUT 40 YEARS RESIDING AT HUDDGUR VILLAGE, D PALYA HOBLI, GOWRIBIDANUR TLAUK CHICKBALLAPUR DISTRICT.
2. SRI RANGAPPA SON OF LATE AVALAPPA AGED ABOUT 81 YEARS RESIDING AT THIPPAGANAHALLI VILLAGE, THONDEBHAVI HOBLI GOWRIBIDANUR TALUK CHICKBALLAPUR DISTRICT.
3. SRI KONDAPPA WIFE OF LATE AVALAPPA AGED ABOUT 72 YEARS RESIDING AT THONDEBHAVI VILLAGE AND HOBLI, KALLINAYAKANAHALLI POST GOWRIBIDANUR TLAUK CHICKBALLAPUR DISTRICT.
4. SRI NARAYANAPPA SINCE DECEASED BY HIS LRS a) SRI MANJUNATH SON OF LATE NARAYANAPPA AGED ABOUT 45 YEARS, RESIDING AT HUDDGUR VILLAGE, D PALYA HOBLI GOWRIBIDANUR TALUK CHICKBALLAPUR DISTRICT.
b) SMT. SHYLAJA DAUGHTER OF LATE NARAYANAPPA AGED ABOUT 43 YEARS RESIDING AT VIJAYA BANK NELAMANGALA TOWN, NELAMANGALA TALUK BENGALURU RURAL DISTRICT – 562 123.
5. SRI LAKKAPPA DECEASED BY HIS LRS.
a) SMT. LAKSHMAMMA WIFE OF LATE LAKJKAPPA AGED ABOUT 56 YEARS RESIDING AT THIPPAGANAHALLI VILLAGE, THONDEBHAVI HOBLI GOWRIBIDANUR TALUK CHICKBALLAPUR DISTRICT.
b). SRI KESHAVA SON OF LATE LAKKAPPA AGED ABOUT 38 YEARS RESIDING AT THIPPAGANAHALLI VILLAGE, THONDEBHAVI HOBLI GOWRIBIDANUR TALUK CHICKBALLAPUR DISTRICT.
c). SMT. KANTHAMMA DAUGHTER OF LATE LAKKAPPA AGED ABOUT 36 YEARS RESIDING AT THIPPAGANAHALLI VILLAGE, THONDEBHAVI HOBLI GOWRIBIDANUR TALUK CHICKBALLAPUR DISTRICT.
d). SUJATHA DAUGHTER OF LATE LAKKAPPA AGED ABOUT 34 YEARS RESIDING AT THIPPAGANAHALLI VILLAGE, THONDEBHAVI HOBLI GOWRIBIDANUR TALUK CHICKBALLAPUR DISTRICT.
e). SMT. SHOBHA DAUGHTER OF LATE LAKKAPPA AGED ABOUT 30 YEARS RESIDING AT THIPPAGANAHALLI VILLAGE, THONDEBHAVI HOBLI GOWRIBIDANUR TALUK CHICKBALLAPUR DISTRICT.
6. SRI KRISHNAPPA SON OF LATE AVALAPPA AGED ABOUT 75 YEARS RESIDING AT NO.1963 15TH MAIN ROAD, VIJAYANAGAR 2ND STAGE MYSORE – 570 017.
... APPELLANTS (SRI. N.K. KANTHARAJU., ADVOCATE (ABSENT)) AND:
1. SRI KONDAPPA SINCE DECEASED BY HIS LRS.
a. SMT SARASWATHAMMA WIFE OF LATE KONDAPPA AGED ABOUT 50 YEARS RESIDING AT THIPPAGANAHALLI VILLAGE, THONDEBHAVI HOBLI GOWRIBIDANUR TALUK CHICKBALLAPUR DISTRICT.
2. SRI PAPANNA SON OF KONDAPPA AGED ABOUT 67 YEARS RESIDING AT THIPPAGANAHALLI VILLAGE, THONDEBHAVI HOBLI GOWRIBIDANUR TALUK CHICKBALLAPUR DISTRICT.
3. SRI NAGARAJA SON OF KONDAPPA AGED ABOUT 59 YEARS RESIDING AT THIPPAGANAHALLI VILLAGE, THONDEBHAVI HOBLI GOWRIBIDANUR TALUK CHICKBALLAPUR DISTRICT.
4. SMT. VASANTHAMMA WIFE OF LAXMINARAYANPPA ALIAS NANJAPPA AGED ABOUT 65 YEARS RESIDING AT GUNDAMAGERE VILLAGE DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 203.
5. SMT. LAKKAMMA WIFE OF VENKATARAMANAPPA SINCE DECEASED BY HER LRS.
a) SRI VANKATARAMANAPPA SON OF MUNISHAMAPPA AGED ABOUT 55 YEARS, RESIDING AT KUMBALAHALLIPOST HOSAKOTE TALUK BENGALURU RURAL DISTRICT – 562 114.
b). SRI SHIVAKUMAR SON OF LATE LAKKAMMA AGED ABOUT 40 YEARS RESIDING AT KUMBALAHALLIPOST HOSAKOTE TALUK BENGALURU RURAL DISTRICT – 562 114.
6. SMT. NARASAMMA WIFE OF VENKATESHAPPA AGED ABOUT 52 YEARS RESIDING AT KURUBARAHALLI VILLAGE, HOSAKOTE TALUK BANGALORE RURAL DISTRICT – 562 114.
7. SMT. PILLAMMA WIFE OF KONDAPPA AGED ABOUT 58 YEARS RESIDING AT C/O SRI KONDAPPA THIPPAGANAHALLI VILLAGE, KALLINAYAKANAHALLI POST GOWRIBIDANUR TALUK CHICKBALLAPUR DISTRICT.
8. SMT AKKAYAMMA WIFE OF MUNISHAMAPPA DECEASED BY HER LRS.
a) SRI SUBBARAYAPPA SON OF MUNISWAMAPPA AGED ABOUT 58 YEARS RESIDING AT OBASANDRA VILLAGE AND POST HOSKOTE TALUK BENGALURU RURAL DISTRICT – 562 114.
b) SRI MUNIRAJU SON OF MUNISWAMAPPA AGED ABOUT 56 YEARS RESIDING AT OBASANDRA VILLAGE AND POST HOSKOTE TALUK BENGALURU RURAL DISTRICT – 562 114.
c). SRI SHANKARAPPA SON OF MUNISWAMAPPA AGED ABOUT 54 YEARS RESIDING AT BIDALUR VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT – 562 114.
d) SRI NARAYANAPPA SON OF MUNISWAMAPPA AGED ABOUT 54 YEARS RESIDING AT NO.30, 13TH MAIN ROAD, 13TH ‘B’ CROSS, RAMAKRISHNAIAH LAYOUT MALAGALA, BENGALURU-560 091.
9. SMT MUNIYAMMA WIFE OF MUNINARASIMHAPPA SINCE DECEASED BY HER LRS.
a) SRI MANJUNATHA S/O MUNINARASIMHAPPA AGED ABOUT 35 YEARS, RESIDING AT HUDUGUR VILLAGE AND POST GOWRIBIDANUR TALUK CHIKKABALLAPUR DISTRICT.
b) SRI NARAYANASWAMY SON OF MUNINARASIMHAPPA RESIDING AT BIDANUR VILLAGE AN DPOST DEVANAHALLI TALUK BENGALURU RURAL DISTRICT – 562 110.
c) SMT. SHANTHAMMA DAUGHTER OF MUNINARASIMHAPPA AGED ABOUT 50 YEARS THIPPAGANAHALLI VILLAGE, KALLINAYAKANAHALLI TALUK GOWRIBIDANUR TALUK CHICKBALLAPURA DISTRICT.
d) SMT. SUSHEELAMMA DAUGHTER OF MUNINARASIMHAPPA AGED ABOUT 48 YEARS RESIDING AT ANABE VILLAGE AND POST DODDABALLAPURA TALUK BENGALURU RURAL DISTIRCT.
10. SRI AVALAPPA SINCE DECEASED BY HIS LRS.
a) SMT. PAPAMMA WIFE OF MUNISWAMAPPA AGED ABOUT 82 YEARS, RESIDING AT NO.11/12 GOVINDAPPA BUILDING, 80FEET DOUBLE ROAD, B.E.M.L. LAYOUT, RAJARAJESHWARINAGAR BENGALURU - 560 098.
11. SRI NANJUNDAPPA SON OF LATE AVALAPPA PRESENTLY RESIDING AT SHRAVANU VILLAGE, ANABE POST DODDABALLAPURA DODDABELAVANGALA HOBLI BENGALURU RURAL DISTRICT.
... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC.,TO SET ASIDE THE COMMON JUDGMENT AND DECREE DATED 31.11.2006 PASSED BY THE COURT OF FAST TRACK COURT-III, KOLAR IN R.A. NO. 21/1996, CONFIRMING THE COMMON JUDGMENT AND DECREE DATED 28.09.1996 PASSED BY THE COURT OF PRINCIPAL CIVIL JUDGE (SR.DN), CHICKBALLAPUR IN O.S. NO. 55/1991 ONLY IN SO FOR AS THE DECREE IN RESPECT OF O.S.NO. 55/1991 AND R.A. 21/1996 ARE CONCERNED, THIS APPEAL MAY BE ALLOWED WITH COSTS THROUGH OUT, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment On 13.08.2019, three weeks’ time was granted to the learned counsel for the appellants to comply with the office objections subject to the condition that the appeal shall be listed for dismissal if the office objections are not complied with. Despite this order, the office objections have not been attended to. It is obvious that the concerned is not interested in prosecuting the appeal. As such, the appeal is dismissed for default.
SD/- JUDGE nv Ct:sr