- 1 - RSA No. 2006 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2023 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.2006 OF 2017 BETWEEN: SRI MOHAMMED MUSTHAFA AGED ABOUT 43 YEARS, S/O ABDUL KAREEM, R/AT GADIGADDE HOUSE, HAREKALA POST, MANGALURU, REPRESENTED BY HIS GPA HOLDER SRI HAMEED HAJI, AGED ABOUT 49 YEARS, S/O LATE HYDROSE HAJI, R/AT CLASS I PWD CONTRACTOR, MANGALORE CONSTRUCTION CO., SHAW COMPLEX, BENDORE WELL, KANKANADY, MANGALURU - 2. …APPELLANT (BY SRI. UDAYA PRAKASH MULIYA., ADVOCATE) AND: 1. SRI PURUSHOTHAM AGED 61 YEARS, S/O LATE KAMALA, 2. SMT. TULASI AGED 55 YEARS, D/O LATE KAMALA, 3. SRI GAUTHAM AGED 38 YEARS, S/O SMT.TULASI, Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA - 2 - RSA No. 2006 of 2017 4. SRI KEERTHAN AGED 30 YEARS, S/O SMT TULASI, 5. SRI VISHAL AGED 26 YEARS, S/O SMT TULASI, 6. SRI CHANDRA BHUSHAN AGED 55 YEARS, S/O LATE KAMALA, 7. SRI JAGAJEEVANDAS AGED 63 YEARS, S/O SMT KAMALAKSHI, 8. SMT. SWAYAMPRABHA, AGED ABOUT 66 YEARS, D/O SMT KAMALAKSHI, 9. SMT. SHIFALI AGED ABOUT 35 YEARS, D/O SMT SUJYOTHSNA, 10. SMT. MITHALI AGED ABOUT 31 YEARS, D/O SMT SUJYOTHSNA, 11. SMT SUJYOTHSNA AGED ABOUT 57 YEARS, D/O SMT KAMALAKSHI, 12. SMT. SUNAIANA AGED ABOUT 38 YEARS D/O SMT. SWAMAYPRABHA, 13. SRI SUSHEER AGED ABOUT 35 YEARS S/O SMT SWAMAYPRABHA, - 3 - RSA No. 2006 of 2017 14. SMT SUSHMA AGED ABOUT 37 YEARS, D/O SMT SWAMAYPRABHA, 15. SRI VIJAYA KUMAR AGED ABOUT 55 YEARS, S/O SMT KAMALAKSHI, 16. SMT KAMALAKSHI AGED ABOUT 89 YEARS, D/O LATE LAKXMI, 17. SRI JAYAVANTH KUMAR AGED ABOUT 70 YEARS, S/O SMT KAMALAKSHI, 18. SRI JNANESH KUMAR AGED ABOUT 64 YEARS, S/O SMT KAMALAKSHI, 19. SRI JAGADEESH KUMAR AGED ABOUT 67 YEARS, S/O SMT KAMALAKSHI, 20. SRI CHANDRAHAS AGED ABOUT 84 YEARS, S/O LATE RADHA, 21. SMT MANORAMA AGED ABOUT 76 YEARS, D/O LATE RADHA, 22. SRI GOPINATH AGED ABOUT 52 YEARS, S/O SMT MANORAMA, 23. SRI DEVADAS AGED ABOUT 70 YEARS, S/O LATE RADHA, - 4 - RSA No. 2006 of 2017 24. SMT. SHASHIKALA AGED 66 YEARS, D/O LATE RADHA, 25. SMT. HARINAKSHI AGED 44 YEARS, D/O SMT SHASHIKALA, 26. SRI RAJA @ RAJESH AGED 43 YEARS, S/O SMT SHASHIKALA, 27. SRI YOGISH AGED 41 YEARS, S/O SMT SHASHIKALA, 28. SRI KAMALESH AGED 37 YEARS, S/O SMT SHASHIKALA, 29. SMT INDUMATHI AGED 64 YEARS, D/O LATE RADHA, 30. SRI MAHESH AGED 34 YEARS, S/O SMT INDUMATHI, 31. SMT JAYASHREE AGED 31 YEARS, D/O SMT INDUMATHI, 32. SRI HEMACHANDRA AGED 59 YEARS, S/O LATE RADHA, 33. SMT BEENA AGED 49 YEARS, D/O LATE RATHNAVATHI, - 5 - RSA No. 2006 of 2017 34. SRI SWEEKRITH AGED 30 YEARS, S/O SMT BEENA, 35. SMT SHIFALI AGED 32 YEARS, D/O SMT BEENA, 36. SMT PADMINI AGED 43 YEARS, D/O LATE RATHNAVATHI, 37. SRI SHUSRUTH AGED 19 YEARS, S/O SMT PADMINI, REP BY HIS MOTHER AND NATURAL GUARDIAN SMT. PADMINI. 38. SRI CHIRAG AGED 15 YEARS, S/O SMT PADMINI, REP BY HIS MOTHER AND NATURAL GUARDIAN SMT PADMINI, 39. SRI BHARATHRAJ AGED 35 YEARS, S/O LATE RATHNAVATHI, 40. SMT DEVAYANI AGED 62 YEARS, D/O LATE RADHA, 41. SRI RAJESH AGED 32 YEARS, S/O SRI BAHRATHRAJ, 42. SMT. RAJESHWARI AGED 32 YEARS, D/O SRI BHARATHRAJ, - 6 - RSA No. 2006 of 2017 43. SMT. VASANTHI AGED 75 YEARS, D/O LATE JANAKI, 44. SMT. NAYANA AGED 54 YEARS, D/O SMT VASANTHI, 45. SMT. DIVYA AGED 31 YEARS, D/O SMT NAYANA, 46. SMT BABY SWATHI AGED 29 YEARS, D/O SMT NAYANA, 47. MASTER KEERTHAN AGED 27 YEARS, S/O SMT NAYANA, 48. SRI THARANATH AGED 51 YEARS, S/O SMT. VASANTHI, 49. SMT SUMANA AGED 49 YEARS, D/O SMT VASANTHI, 50. MISS. DEEPIKA AGED 27 YEARS, D/O SMT. SUMANA, 51. SMT. RACHANA AGED 24 YEARS, D/O SMT. SUMANA, 52. SMT. CHETHANA AGED 47 YEARS, D/O SMT. VASANTHI, - 7 - RSA No. 2006 of 2017 53. MISS. SUCHETHA AGED 23 YEARS, D/O SMT. CHETHANA, 54. SMT. KALPANA AGED 42 YEARS, D/O SMT. VASANTHI, 55. MASTER TIRUSH MINOR, AGED 17 YEARS, S/O DEFENDANT NO.39, REP.BY HIS MOTHER AND NATURAL GUARDIAN DEFT. NO.39 SMT. KALAPANA, 56. SRI PRASANNA AGED 43 YEARS, S/O SMT. VASANTHI, 57. SMT. SHEELA AGED 69 YEARS, D/O LATE NARSA, 58. SRI ANIL AGED 43 YEARS, S/O SMT SHEELA, 59. SRI GANGADHAR AGED 66 YEARS, S/O LATE NARSA, 60. SRI DAYANANDA AGED 64 YEARS, S/O LATE NARSA, 61. SRI UMESH AGED 54 YEARS, S/O LATE NARSA, 62. SRI THANESHWAR - 8 - RSA No. 2006 of 2017 AGED 62 YEARS, S/O LATE NARSA, 63. SMT. GIRIJA AGED 74 YEARS, D/O.LATE NARAYANA, 64. SMT. LATHA AGED 53 YEARS, D/O. SMT.GIRIJA, 65. SRI VASANTH AGED 51 YEARS, S/O.SMT.GIRIJA, 66. SRI JAYANTHA AGED 49 YEARS, S/O.SMT.GIRIJA, 67. SRI NISHITH AGED 49 YEARS, S/O.SMT.GIRIJA, 68. SRI PRASHANTH AGED 43 YEARS, S/O.SMT.GIRIJA, 69. SMT. DEEKSHITHA AGED 34 YEARS, D/O.SMT.GIRIJA, 70. SRI RAMAPPA AGED 86 YEARS, S/O LATE SHESHAMMA, 71. SMT YAMUNA (SINCE DEAD)BY HER LR'S SMT. PRABHAVATHI, AGED 61 YEARS, D/O.LATE YAMUNA, - 9 - RSA No. 2006 of 2017 72. SMT. LOLAKSHI AGED 56 YEARS, D/O.LATE YAMUNA, R/AT KARKERA GARDEN, BOLOR, MANGALURU - 575 001. 73. SMT. SUREKHA AGED 54 YEARS, D/O.LATE YAMUNA, 74. SMT. LEELA D/O.LATE MANNA KARKERA, AGED 96 YEARS, 75. SMT. BHAVANI D/O LATE MANNA, KARKERA AGED 86 YEARS, 76. SMT. THARA D/O LATE MANNA, KARKERA, AGED 86 YEARS, 77. SRI. DAMODAR S/O LATE MANNA, KARKERA AGED 84 YEARS, 78. SMT. SAVITHA AGED 81 YEARS, W/O LATE PURUSHOTHAM DAUGHTER-IN-LAW OF LATE MANNA KARKERA, 79. SMT. NAYANA S/O SMT. SAVITHA, AGED 49 YEARS, - 10 - RSA No. 2006 of 2017 80. SMT. REENA D/O SMT. SAVITHA, AGED 44 YEARS, 81. SRI. SUDHAKAR S/O SMT. SAVITHA, AGED 43 YEARS, 82. SMT. HONNAMMA W/O LATE SANJEEVA AMIN, DAUGHTER IN LAW OF LATE MANNA KARKERA, AGED 87 YEARS, 83. SMT. POORNIMA D/O SMT. HONNAMMA, AGED 55 YEARS, 84. SRI. NARAYANA S/O LATE MANNA KARKERA, AGED 69 YEARS, 85. SMT. PADMINI D/O LATE LAXMAN KARKERA, AGED 81 YEARS, 86. SMT. LALITHA D/O LATE SUNDARA, R/AT KARKERA GARDEN, AGED 85 YEARS, 87. SMT. SUSHEELA D/O LATE SUNDARA, AGED 83 YEARS, 88. SMT.CHETHANA D/O SMT SUSHEELA, AGED 49 YEARS, 89. BABY CHITHRITHA D/O SMT CHETHANA, AGED 12 YEARS, - 11 - RSA No. 2006 of 2017 REP BY HER MOTHER & N/G SMT. CHETHANA, 90. MASTER CHIRAJ AGED 21 YEARS, S/O SMT. CHETHANA, REP. BY HIS MOTHER & N/G DEFENDANT No. 74 91. SRI RAJESH S/O SMT SUSHEELA, AGED 50 YEARS, 92. SRI SHAILESH S/O SMT. SUSHEELA, AGED 47 YEARS, 93. SMT. JAYANTHI D/O LATE SUNDARI, AGED 74 YEARS, 94. SMT. SUJAYA D/O LATE SUNDARI, AGED 77 YEARS, 95. SMT. SUGUNA D/O LATE YAMUNA, AGED 87 YEARS, 96. SMT. USHA D/O LATE SUGUNA, AGED 63 YEARS, 97. SRI KIRANRAJ S/O SMT USHA, AGED 44 YEARS, 98. SRI MOHANRAJ S/O SMT USHA, AGED 40 YEARS, - 12 - RSA No. 2006 of 2017 99. SRI HARISH S/O SMT. SUGUNA, AGED 55 YEARS, 100. SMT. POOJAMAALA D/O SMT. SUGUNA AGED 50 YEARS, 101. SRI PRAJWAL S/O SMT. POOJAMAALA, AGED 29 YEARS, 102. SMT. PRIYANKA D/O SMT. POOJAMALA, AGED 26 YEARS, 103. SMT. PRATHIKA D/O SMT. POOJAMAALA, AGED 25 YEARS, 104. SRI TAJRAJ S/O SMT. SUGUNA AGED 49 YEARS, 105. SRI DEVADAS S/O LATE PUSHPA, AGED 56 YEARS, 106. SRI RAVIRAJ S/O LATE PUSHPA, AGED 59 YEARS, 107. SMT. BHARATHI D/O LATE PUSHPA, AGED 48 YEARS, R/AT KARKERA GARDENT BOLOR, MANGALURU - 575 001. 108. BABY KAVYA AGED 17 YEARS, D/O BHARATHI, - 13 - RSA No. 2006 of 2017 MINOR, REP BY HER MOTHER AND N/G SMT. BHARATHI, 109. SMT. CHANCHALAKSHI D/O LATE PUSHPA, AGED 57 YEARS, 110. SRI PRATHAP S/O SMT.CHANCHALAKSHI, AGED 31 YEARS, 111. MASTER.MAHESH S/O SMT.CHANCHALAKSHI, AGED 31 YEARS, 112. SRI.LALITHKUMAR S/O LATE SAVITHRI, AGED 56 YEARS, 113. SMT.HARINAKSHI D/O LATE SAVITHRI, AGED 46 YEARS, 114. MISS. NEHA D/O SMT.HARINAKSHI, AGED 26 YEARS, 115. SRI.PRASHANTH S/O LATE SAVITHRI, AGED 36 YEARS, 116. SRI CHANDRASHEKAR S/O LATE SAVITHRI, AGED 54 YEARS, 117. SMT.KIRANA D/O LATE SEETHA, AGED 49 YEARS, 118. SRI MANOJ S/O LATE SEETHA, - 14 - RSA No. 2006 of 2017 AGED 46 YEARS, 119. SRI.SURAJ S/O LATE SEETHA, AGED 44 YEARS, 120. BABY SHREYA MINOR, D/O SMT.KIRANA, AGED 15 YEARS, REP. BY HER MOTHER & N/G SMT.KIRANA, 121. SMT.RAMANI D/O LATE PARVATHI, AGED 61 YEARS, 122. SMT.ASHWINI D/O SMT.RAMANI, AGED 36 YEARS, 123. SRI AVINASH S/O SMT RAMANI, AGED 32 YEARS, 124. SMT. DIVYA D/O SMT RAMANI, AGED 34 YEARS, 125. SMT. PARVATHI W/O LATE SESHAPPA, AGED 88 YEARS, 126. SRI MAHESHCHANDRA S/O SMT PARVATHI, AGED 56 YEARS, 127. SMT. SULANTHI D/O SMT. PARVATHI, AGED 58 YEARS, 128. SRI RAVINDRA S/O SMT PARVATHI, - 15 - RSA No. 2006 of 2017 AGED 60 YEARS, 129. SMT. MEERA D/O LATE RAMESH, AGED 65 YEARS, 130. SRI SUSHANTH S/O SMT MEERA, AGED 40 YEARS, 131. SMT. SUHANI D/O SMT MEERA, AGED 42 YEARS, 132. SRI KEERTHI KARKERA S/O LATE RAMAPPA, AGED 56 YEARS, 133. SRI VIVEK KARKERA S/O LATE RAMAPPA, AGED 60 YEARS, RESPONDENTS No.125 TO 134 ARE R/AT AMBA HITHLU, NEAR MEENAKSHI BAKERY, HOIGE BAZAR, MANGALORE - 01. 134. SRI SACHINDRA KARKERA S/O LATE RAMAPPA, AGED 66 YEARS, 135. SMT. KASTURI D/O.LATE RAMAPPA, AGED 71 YEARS, 136. SMT. RAMMI D/O.LATE RAMAPPA, AGED 68 YEARS, RESPONDENTS No.1 TO 124 & - 16 - RSA No. 2006 of 2017 134 TO 137 ARE R/AT KARKERA GARDERN, BOLOR, MANGALORE - 575 001. 137. SRI AZIZ ANANDKA @ ABDUL AZIZ, S/O.ALTE ABDUL KHADER HAJI, AGED 71 YEARS, R/AT DOOR No.21-1-27, HOIGE BAZAR, MANGALORE - 01. 138. 139. SRI SHIVA ADULT, PARENTAGE NOT KNOWN, R/AT DOOR NO.21-1-27, AMBA HITHULU, NEAR MEENAKSHI BAKERY, HOIGE BAZAR, MANGALURU - 01. SRI. LOKESH, ADULT, PARENTAGE NOT KNOWN, R/AT DOOR No.21-1-23/1, AMBA HITHLU, NEAR MEENAKSHI BAKERY, HOIGE BAZAR, MANGALORE - 01. 140. SRI UMESH BALIGA ADULT, PARENTAGE NOT KNOWN, R/AT DOOR NO.21-1-23/1, AMBA HITHULU, NEAR MEENAKSHI BAKERY, HOIGE BAZAR, MANGALURU- 01. 141. SMT. SUNDARI ADULT, PARENTAGE NOT KNOWN, R/AT DOOR NO.21-1-23/1, AMBA HITHULU, NEAR MEENAKSHI BAKERY, HOIGE BAZAR, MANGALURU - 01. 142. SMT KAMALAKSHI - 17 - RSA No. 2006 of 2017 ADULT, PARENTAGE NOT KNOWN, R/AT DOOR NO.21-1-23/1, AMBA HITHULU, NEAR MEENAKSHI BAKERY, HOIGE BAZAR, MANGALURU - 01. 143. SMT. TARA PRABHU ADULT, PARENTAGE NOT KNOWN, R/AT DOOR NO.21-1-23/1, AMBA HITHULU, NEAR MEENAKSHI BAKERY, HOIGE BAZAR, MANGALURU - 01. 144. SRI YELLAPPA ADULT, PARENTAGE NOT KNOWN, AMBA HITHULU, NEAR MEENAKSHI BAKERY, HOIGE BAZAR, MANGALURU - 01. 145. SRI RAMACHANDRA ADULT ADULT, PARENTAGE NOT KNOWN, 145. SRI RAMESH ADULT, PARENTAGE NOT KNOWN, 146. SMT. JAYA ADULT, PARENTAGE NOT KNOWN, RESPONDENT No.138 TO 147 ARE R/AT AMBA HITHULU, NEAR MEENAKSHI BAKERY, HOIGE BAZAR, MANGALURU - 01. …RESPONDENTS (BY SRI. SACHIN B.S., ADVOCATE FOR C/R1 TO R8) - 18 - RSA No. 2006 of 2017 THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELEIFS. THIS APPEAL IS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Sri.Udaya Prakash Muliya., learned counsel for appellant has appeared in person. The captioned appeal is listed today for orders regarding dismissal of appeal for non-compliance of office objections. As could be seen from the daily order sheet, the appeal was listed on 25.05.2023 and finally a week's time was granted to comply office objections, failing which office was directed to list this matter for dismissal on 01.06.2023. The appeal is listed today. So far, office objections are not complied with. Despite giving several opportunities, appellant has not instructed the counsel on record to comply office objections. It appears that appellant is not diligent in prosecuting the appeal. - 19 - RSA No. 2006 of 2017 In view of earlier peremptory order dated:25.05.2023, the Regular Second Appeal is dismissed for non-compliance of office objections. Sd/- JUDGE NR List No.: 1 Sl No.: 9