IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE Mr. JUSTICE B.SREENIVASE GOWDA RSA No.834 OF 2016 BETWEEN:
1. SRI. R.SREENIVASAIAH S/O. LATE K. RAMALINGAIAH RESIDING IN ANEIKAL TOWN BANGALORE DISTRICT.
(SINCE DECEASED BY LRS) A) SMT. R.SUSHEELAMMA AGED ABOUT 71 YEARS W/O. LATE R.SREENIVASAIAH (SINCE DEAD BY LRS, DIED ON 27.11.2009, LRS ALREADY RECORD AS LR NO.B TO LR NO.F OF THE DECEASED APPALLANT) AMENDED AS PER ORDER DATED (11.11.2009) B) SRI. S.LAKSHMINARAYANA AGED ABOUT 54 YEARS C) SRI. PRATAPKUMAR AGED ABOUT 52 YEARS D) SRI. BALAKRISHNA AGED ABOUT 31 YEARS E) SRI. S.R.BABU AGED ABOUT 45 YEARS PLAINTIFFS’ B TO E ARE SONS OF LATE R.SREENIVASAIAH, ALL ARE RESIDING AT:
NEAR BHARATHI SCHOOL, NEWPET, ANEKAL, BANGALORE DISTRICT.
F) SMT. K.RAJALAKSHMI D/O. LATE R.SREENIVASAIAH & W/O. SRI. B. KRISHNAPPA AGED ABOUT 56 YEARS, RESIDING AT NO:62 A, 1 "A" MAIN ROAD, 2ND CROSS, CIL COLONY BLOCK "A"
SANJAYNAGAR, BANGALORE-560 094.
...APPELLANTS (BY SRI. K.V.SHYAMAPRASADA, ADVOCATE) AND:
1. SRI R.RAMBHADRAIAH (SINCE DEAD BY LRS) A) SMT. R.VIJAYALAKSHMI, D/O. LATE. R.RAMBHADRAIAH, W/O. E.L.SRINIVAS, AGED ABOUT 40 YEARS, R/AT KEB QUARTERS, OPP: ESI HOSPITAL, RAJAJINAGAR, BANGALORE.
B) SMT. R.SATYAVATHI D/O. LATE. R.RAMBHADRAIAH, W/O. SHANMUGAM, AGED ABOUT 38 YEARS, R/AT D.NO. 47/21, BRUNDAVANA 3RD CROSS, KRISHNAGIRI-635001.
TAMILNADU C) SMT. R.PADMA D/O. LATE. R.RAMBHADRAIAH, W/O. GOVINDARAJU, AGED ABOUT 36 YEARS, R/AT NO. 238 ‘A’ BIRASANDRA 8TH MAIN ROAD, JAYANAGAR 1ST BLOCK, BANGALORE-560011.
D) SMT. R.NIRMALA D/O. LATE. R.RAMBHADRAIAH, W/O. RAMESH, AGED ABOUT 34 YEARS, R/AT NO. C/O. T. SUSHILA ILLAM, VENKATARAO ROAD, NEAR: COIMBATORE LODGE, OPP: EB LODGE, SALEM-636001, TAMILNADU E) SRI. R.ANILKUMAR S/O. LATE. R.RAMBHADRAIAH, AGED ABOUT 32 YEARS, R/AT NO. D.NO. 711, 6TH CROSS, SAMPANGIRAMANAGAR, BANGALORE-560027.
2. SRI. R.CHOODANATH (SINCE DEAD BY LRS) A) SMT. RADHAMMA W/O. LATE. R.CHOODANATH, AGED ABOUT 55 YEARS, B) SRI. C.VENKATESH BABU S/O. LATE. R.CHOODANATH, AGED ABOUT 38 YEARS, BOTH ARE RESIDING AT: BURGURPET, ANEKAL TOWN.
C) SMT. C.SUJATHA D/O. LATE. R.CHOODANATH, W/O. VISHWANATH AGED ABOUT 40 YEARS, R/AT 9TH ‘K’ MAIN, BEHIND KARNATAKA BANK, VIJAYANAGAR, BANGALORE-40.
D) SMT. C.RAMAMANI D/O. LATE R.CHOODANATH W/O. KUMAR AGED ABOUT 39 YEARS, R/AT: C/O. JANARDHANAPPA CHAITANYANAGAR, DODDABALLAPUR, BANGALORE DISTRICT.
3. SRI R.GOPAL KIRSHNA S/O. LATE K.RAMALINGAIAH, AGED ABOUT 67 YEARS, R/AT: KALYANADURGAM NO.514, 4TH MAIN, DMBR LAYOUT, BANASWADI BANGALORE-560 043.
4. SRI. R.ANANDARAJASHEKAR (RETIRED DRUGS CONTROL OFFICER) S/O. LATE K.RAMALINGAIAH AGED ABOUT 60 YEARS, R/AT: C/O. VEERABHADRASWAMY PRASANNA D/NO.330, 5TH CROSS DMBR LAYOUT, BANASWADI BANGALORE-560 043.
5. SRI. R.SHANKARANARAYANA S/O. LATE K.RAMALINGAIAH AGED ABOUT 57 YEARS, R/AT: NEAR GOPALASWAMY TEMPLE STREET ANEKAL TOWN BANGALORE URBAN DISTRICT.
(SINCE DEAD BY LRS DIED ON 05.10.2007) A) SMT.KOMALAMMA W/O. R.SHANKARANARAYANA AGED ABOUT 42 YEARS, R/AT: GOPALASWAMY TEMPLE STREET ANEKAL TOWN BANGALORE URBAN DISTRICT.
B) SMT.CHAITRA W/O. SATISH AGED ABOUT 27 YEARS, WORKING IN HERO HONDA SHOW ROOM MYSORE BANK ROAD, NEWPET, ANEKAL TOWN, BANGALORE URBAN DISTRICT.
C) SMT.PREMA W/O NARENDRA AGED ABOUT 25 YEARS, D) SMT.NETRAVATHI W/O. BALASUBRAMANYA AGED ABOUT 23 YEARS, C & D ARE RESIDING AT:
C/O. BANDARA CHOWDAPPA, EX.MUNICIPAL COUNSEL DEVARAJNAGAR, DODDABALLAPUR TOWN BANGALORE RURAL DISTRICT.
6. SMT. BASAMMA W/O. LATE K.RAMALINGAIAH, RESIDING AT:
NEAR GOPALASWAMY TEMPLE STEET, ANEKAL TOWN, (SINCE DEAD BY LRS) SONS AND DAUGHTERS ALREADY ON RECORD.
7. SMT. R.SHANTAKUMARI, W/O. P.SURAPPA, RESIDING AT NO.E-71, 2ND CROSS, 1ST MAIN ROAD, RAMACHANDRAPURAM, BANGALORE-560021.
8. MADRAS CHINNAPPA HINDU MAJOR, S/O.MEKKA REDDY, RESIDING AT MUTHAGATTI VILLAGE, BESTHMANAHALLI POST, KASABA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT.
(RESPONDENT NO.9 LRS OF THE DECEASED RESPONDENT NO.10, LRS OF THE DECEASED RESPONDENT NO.11, LRS OF THE DECEASED RESPONDENT NO.12 AND RESPONDENTS NO.13 AND 14 DELETED AS PER ORDER DATED) 9. SRI JEEYAPPA HINDU MAJOR, S/O.MANCHANAHALLI MUNIYAPPA, KADAJAKANAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT.
10. SRI MUNIGIDDAPPA (SINCE DEAD BY LRS) A) SRI SUBBANNA @ PAPANNA, S/O. LATE MUNIGIDDAPPA, MAJOR, B) SRI NARAYANAPPA S/O. LATE MUNGIDDAPPA, MAJOR, BOTH ARE RESIDING AT: MUTHAGATTI VILLAGE, BESTHAMANAHALLI POST, KASABA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT.
11. PATEL CHIKKAMUNIYAPPA (SINCE DEAD BY LRS) A) KAMAIAH, (SINCE DEAD BY LRS ) B) SMT. NAGAMMA, W/O. LATE KAMAIAH, MAJOR, C) SRI. VENKATESH S/O. LATE KAMAIAH, MAJOR, D) SRI. MADESH S/O. LATE KAMAIAH, E) SRI. SATISH S/O. LATE KAMAIAH, “B TO E” ARE RESIDING AT: HONNAKALASAPURA VILLAGE, SIDIHOSKOTE POST, KASABA HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT.
F) SRI. RAMAIAH S/O. LATE PATEL, CHIKKAMUNIYAPPA MAJOR, G) SRI. NARAYANASWAMY S/O. LATE PATEL, CHIKKAMUNIYAPPA MAJOR, H) SRI. SREENIVASA S/O. LATE PATEL, CHIKKAMUNIYAPPA MAJOR, I) SMT. RAMAKKA W/O. LATE PATEL, CHIKKAMUNIYAPPA MAJOR, J) SMT. LALITHAMMA W/O. LATE PATEL, CHIKKAMUNIYAPPA MAJOR, ‘F TO J’ ARE RESIDING AT HONNAKALASAPURA VILLAGE, BESTHANAHALLI POST, KASABA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT.
12. SRI. BARGUR N.GURUNANJAPPA S/O. BARGUR NANJAPPA, BARGURPET, ANEKAL TOWN, (SINCE DEAD BY LRS).
A) SMT. SAVITHRAMMA, W/O. LATE GURU NANJAPPA, MAJOR, B) SRI. CHANDRASHEKAR S/O. LATE GURU NANJAPPA, MAJOR, C) SRI GOPAL S/O. LATE GURU NANJAPPA, MAJOR, D) SRI. LAKSHMI NARAYANA S/O. LATE GURU NANJAPPA, MAJOR, E) SRI.NANJUNDAPPA S/O. LATE GURU NANJAPPA, MAJOR, “A TO E” RESIDING AT: BARAGURPET, ANEKAL TOWN, BANGALORE DISTRICT.
13. M/S. SRI. VENKATESHWARA ENTERPRISES A PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER.
B.V.HANUMADAS, S/O. BANASURA VENKATAPPA, ANEKAL TOWN.
14. SRI. JAYALAKSHMI TALKIES ANEKAL TOWN, A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER SRI. SYED GAFFER SAHEB.
15. SRI. P.SURAPPA S/O. LATE PAPAIAH, H/O. LATE R.SHANTAKUMARI, AGED ABOUT 69 YEARS, 16. SRI. S.PRASANNA BABU S/O. P.SURAPPA, AGED ABOUT 40 YEARS, 17. SRI. S.PRAVEEN BABU S/O. P.SURAPPA, AGED ABOUT 38 YEARS, 18. SMT. S.NANDALAKSHMI D/O. P.SURAPPA, W/O. T.L.SRIRAM AGED ABOUT 36 YEARS, ALL ARE RESIDING AT: NO.22, 4TH CROSS, 2ND MAIN, VINAYAKANAGAR, ADUGODI POST, BANGALORE-560030.
…RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE JUDGMENTS PASSED IN O.S. 87/1990 DATED 27.06.2006 PASSED BY PRINCIPAL CIVIL JUDGE AND JMFC ANEKAL AND JUDGMENT AND DECREE PASSED IN RA NO.62/2006 BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE BANGALORE RURAL DISTRICT SIT AT ANEKAL DATED 26.11.2015 AND DECREE THE SUIT O.S. 87/1990 AS PRAYED FOR IN THE INTERST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT This appeal is listed for dismissal for non- compliance of office objections. At this stage, a memo is filed by the learned counsel for the appellant praying the court to dismiss the appeal as not pressed.
Memo is taken on record.
Accordingly, appeal is dismissed for non- compliance of office objections and for the reasons stated in the memo that it is not pressed.
Sd/- JUDGE sd