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High Court of Karnataka · body

2018 DAILYLAW 1327 (KAR)

JAGADISH RAO v. P YAJNESHWARA RAO

RSA/2450/2018 · 2026-09-16

S R Krishna Kumar

body2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - RSA No. 2450 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2023 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.2450 OF 2018 (DEC/INJ) BETWEEN: 1. JAGADISH RAO, S/O SHANKARA NARAYANAPPAYYA, AGED ABOUT 67 YEARS, R/AT SOWRABHA V.S. KUDUVA LANE, OPP: KODIALBAIL POST OFFICE, MANGALURU – 575003. 2. P. SRIDHARA RAO, S/O SHANKARA NARAYANAPPAYYA, AGED ABOUT 60 YEARS, R/AT PATHUMUDY HOUSE, MANCHI POST- 574323, BANTWAL TALUK. 3. P. GIRISHA RAO, S/O SHANKARA NARAYNAPPAYYA, AGED ABOUT 54 YEARS, R/AT PATHUMUDY HOUSE, MANCHI POST – 574323, BANTWAL TALUK. 4. P. SATHYA NARAYANA RAO, S/O SHANKARA NARAYANAPPAYYA, AGED ABOUT 53 YEARS, R/AT 166, 13TH MAIN, V SECTOR, HSR LAYOUT, BENGALURU – 560034. 5. P. SHASHIDHARA RAO, S/O SHANAKARA NARNAPPAYYA, AGED ABOUT 50 YEARS, R/AT SHARADA NILAYA, Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA - 2 - RSA No. 2450 of 2018 44-73A, 2ND MAIN, 8TH CROSS, LAND LINKS, DEREBAIL, KONCHADY, MANGALURU – 575008. 6. SHARATH, S/O P. UMESH RAO, AGED ABOUT 32 YEARS, R/AT PATHUMUDY HOUSE, MANCHI POST – 574323, BANTWAL TALUK. 7. ANUP SHANKAR RAO, S/O P. JAGADISH RAO, AGED ABOUT 31 YEARS, R/AT SOWRABHA V.S. KUDVA LANE, OPP: KODIALBAIL POST OFFICE, MANGALURU – 575003. 8. SHASHANKA, S/O P. SHASHIDARA RAO, AGED ABOUT 27 YEARS, R/AT SHARADA NILAYA, 44-73A, 2ND MAIN, 8TH CROSS, LAND LINKS, DEREBAIL, KONCHADY, MANGALURU – 575008. …APPELLANTS (BY SRI CHANDRASHEKAR, ADVOCATE) AND: 1. P. YAJNESHWARA RAO, S/O LATE RAMAKRISHNAYYA, AGED ABOUT 57 YEARS, R/O PATHUMUDU HOUSE, MANCHI POST – 574323, BANTWAL TALUK. 2. RAMAKRISHNA, S/O SHANKARA NARNAPPAYYA, AGED ABOUT 57 YEARS, R/O PATHUMUDU HOUSE, MANCHI POST – 574323, BANTWAL TALUK. - 3 - RSA No. 2450 of 2018 3. JAYA SHANKAR, S/O DR. RAMA KRISHNAYYA PATHUMUDI, AGED ABOUT 45 YEARS, R/O.104/40, QUEENS BUILDING APTS, 7F FOREST HILLS, NE YARK - 11375 7318, USA. 4. SURESH, S/O DR. RAMA KRISHNAYYA PATHUMUDI, AGED ABOUT 39 YEARS, R/O. 104/40, QUEENS BUILDING APTS, 7F, FOREST HILLS, NEW YARK - 11375 7318, USA. 5. RAMESH RAO PATHUMUDY, S/O LATE VENKAT RAO, AGED ABOUT 62 YEARS, R/O.3-144/1, CHITRA NIVAS, CIKANSAL ROAD, KUNDAPURA – 576201. 6. ASHOK RAO PATHUMUDI, S/O LATE VENKAT RAO, AGED ABOUT 56 YEARS, R/O.3-144/1, CHITRA NIVAS, CIKANSAL ROAD, KUNDAPURA – 576201. 7. ROHAN SHANKAR, S/O P. SATHYA NARAYANA RAO, MINOR, AGED ABOUT 15 YEARS, R/O NO.166, 13TH MAIN, V SECTION, HSR LAYOUT, BENGALURU – 560034. 8. VINEETHA, S/O ASHOK RAO PATHUMUDY, AGED ABOUT 24 YEARS, R/O.31/144, CIKANSAL RAOD, KUNDAPURA – 576201. 9. P. JAYAPRAKASHA DEVA, S/O RAMAKRISHNA RAO, AGED ABOUT 69 YEARS, R/O KARNATAKA BANK, - 4 - RSA No. 2450 of 2018 BHAGAVATHI NAGAR ROAD, BALLAL BAGH, NEAR PATHUMUDY SOUDHA, MANGALURU – 575003. 10. BALARAMA, S/O P JAYAPRAKASHA DEVA, AGED ABOUT 67 YEARS, R/O KARNATAKA BANK, BHAVATHI NAGAR ROAD, BALLAL BAGH, NEAR PATHUMUDU SOUDHA, MANGALURU – 575003. 11. VENKATESHA PRATHAPA, S/O RAMAKRISHNA RAO, AGED ABOUT 64 YEARS, R/O PATHUMUDY HOUSE, MANCHY POST – 575323. BANTWAL TALUK. 12. RAM GOPAL, S/O VENKATESHA PRATHAPA, MINOR, AGED ABOUT 14 YEARS, R/O PATHUMUDY HOUSE, MANCHI POST – 574323, BANTWAL TALUK. 13. P. RAMA KRISHNA DEVANANDA, S/O P. YAJNESHWARA RAO, AGED ABOUT 29 YEARS, R/O PADMA SITHA, AJJIBETTU, JODUMARGA POST – 574219, BANTWAL TALUK. 14. P. CHIDANANDA RAO, S/O RAMAKRISHNA RAO, AGED ABOUT 54 YEARS. 15. RAMAKRISHNA, S/O P. CHIDANANDA RAO, AGED ABOUT 24 YEARS. 16. VISHNU KANTH, S/O P.CHIDANANDA RAO, MINOR, AGED ABOUT 14 YEARS. - 5 - RSA No. 2450 of 2018 R14 TO R16 ARE R/O ADVOCATE AND NOTARY, KAINTAJE COMPOUND, MARNAMAIKATTE, NEAR JEPU POST OFFICE, MANGALURU – 575002. 17. P PRABHAKAR RAO, S/O GOPAL RAO, AGED ABOUT 65 YEARS, R/AT NO.176, MAITHRI APARTMENT, KAMALANAGAR MAIN ROAD, BASAVESHWARANAGAR, BENGALURU – 560079. 18. KARTHIK, S/O P. PRABHAKAR RAO, AGED ABOUT 33 YEARS, R/AT NO.176, MAITHRI APARTMENT, KAMALANAGAR MAIN ROAD, BASAVESHWARANAGAR, BENGALURU – 560079. 19. P. SRINIVAS RAO, S/O LATE P. GOPAL RAO, AGED ABOUT 58 YEARS. 20. P. NAGESH RAO, S/O LATE P. GOPAL RAO, AGED ABOUT 50 YEARS. 21. P. RAMESH RAO, S/O LATE P. GOPAL RAO, AGED ABOUT 49 YEARS. 22. P. DINESH RAO, S/O LATE P. GOPAL RAO, AGED ABOUT 40 YEARS. R19 TO R22 ARE R/O PATHUMUDY HOUSE, MANCHI POST- 574323, BANTWAL TALUK. 23. RAJENDRA PRASAD, S/O LATE PADMANABHA RAO, PATHUMUDY HOUSE, AGED ABOUT 45 YEARS. - 6 - RSA No. 2450 of 2018 24. PADMANABHA, S/O P. RAJENDRA, AGED ABOUT 15 YEARS. R23 AND R24 ARE R/O SAVITHRI NILAYA, MONTIMAR PADAVU, IRA VILLAGE & POST - 574323 BANTWAL TALUK. 25. P. VENKAT RAO, S/O P. ANANTHARAMAPAYYA, AGED ABOUT 72 YEARS. 26. PRADEEPA RAO, S/O P. VENKAT RAO, AGED ABOUT 44 YEARS. 27. PRAVEENA, S/O P VENKAT RAO PATHUMUDY, AGED ABOUT 43 YEARS. R25 TO R27 ARE R/O PLOT NO.101, A BLOCK, VISHAL KUTIR, 143/23, KATHRIGUPPA MAIN ROAD, BENGALURU – 560085. 28. P. UDAYA, S/O LATE P. RADHAKRISHNA RAO, AGED ABOUT 40 YEARS. 29. P. CHANDRA MOHANA RAO, S/O LATE ANANTHA RAMAPPAYYA, AGED ABOUT 68 YEARS. 30. PAVAN, S/O P. CHANDRA MOHANA RAO, AGED ABOUT 34 YEARS. 31. RATHAN S/O P. CHANDRA MOHANA RAO AGED ABOUT 30 YEARS. 32. P. GANESH RAO, S/O ANANTHA RAMAPPAYYA, AGED ABOUT 61 YEARS. - 7 - RSA No. 2450 of 2018 33. ANIL S/O P. GANESH RAO, AGED ABOUT 28 YEARS. 34. SUNIL, S/O P. GANESH RAO, AGED ABOUT 21 YEARS. 35. P. SURESH RAO, S/O ANANTHA RAMAPPAYYA, AGED ABOUT 60 YEARS. 36. PRASHANTHA, S/O P. SURESH RAO, MINOR, AGED ABOUT 16 YEARS. 37. P. SATHEESHA RAO, S/O ANANTHA RAMAPPAYYA, AGED ABOUT 53 YEARS. 38. SANDEEPA, S/O P. SATHISHA RAO, AGED ABOUT 16 YEARS. R28 TO R38 ARE R/O PATHUMUDY HOUSE, MANCHI POST – 574323, BANTWAL TALUK. 39. MAHESHA S. RAO, S/O P. SHASHIKANTHA RAO, AGED ABOUT 46 YEARS, R/AT L-1/F304, POWAL PARK, HIRANANDANI GARDENS, HIGH STREET, POWAL, MUMBAI -400076. 40. P. MADUSOODAN RAO, S/O P. NARAYANA RAO, AGED ABOUT 73 YEARS, R/AT NO.909, 62ND CROSS, 50A MAIN, 1ST STAGE, KUMARAWAMY LAYOUT, BENGALURU – 560078. - 8 - RSA No. 2450 of 2018 41. PRASANNA RAO, S/O P. MADUSOODAN RAO, AGED ABOUT 38 YEARS, R/AT NO 909, 62ND CROSS, 50 A MAIN, 1ST STAGE, KUMARASWAMY LAYOUT, BENGALURU – 560078. 42. MANA MOHAN N. PATHUMUDY, S/O LATE P.NARAYANA RAO, AGED ABOUT 68 YEARS. 43. ASHWIN KUMAR S/O MANA MOHAN N.PATHUMUDY, AGED ABOUT 34 YEARS. 44. ANOOP KUMAR, S/O MANA MOHAN N.PATHUMUDY, AGED ABOUT 32 YEARS. R42 TO 44 ARE R/AT FLAT NO.403, KAPOOR HEIGHTS, ABOVE CORPORATION BANK, SOMAVARAPETE MALI MAHARAJ ROAD, PUNE-411001. 45. P. CHANDRA KANTHA N. RAO, S/O LATE P.NARAYANA RAO, AGED ABOUT 67 YEARS, R/AT C-15, GODREJ HILLSIDE QUTRS. SECOND FLOOR, LBS MARG, VIKHROLI (W), MUMBAI-400 079. 46. PRADEEP RAO, S/O P.CHANDRA KANTHA N. RAO, AGED ABOUT 36 YEARS, R/AT C-15, GODREJ HILLSIDE QUTRS, SECOND FLOOR, LBS MARG, VIKHROLI (W), MUMBAI-400 079. 47. RAMAKANTHA N. PATHUMUDI, S/O LATE P. NARAYANA RAO, AGED ABOUT 52 YEARS. - 9 - RSA No. 2450 of 2018 48. VIVEK, S/O RAMAKANTHA N.PATHUMUDI, AGED ABOUT 17 YEARS. 49. SHASHANK, S/O RAMAKANTHA N.PATHUMUDI, AGED ABOUT 16 YEARS. R47 TO R49 ARE R/O A-21, MAURIA GARDEN, KOTHRUD, NEXT TO SHANTHIVAN, HSG SOCIETY, PUNE-411029. 50. P.SOORYA NARAYANA RAO, S/O LATE NARSAPPAYYA, AGED ABOUT 66 YEARS, R/AT PROPRIETOR PATHUMUDI SOUDHA, BHAGAVATHI NAGAR ROAD, BALLALBAGH, MANGALURU-575 003. 51. P.RAGHURAM RAO, S/O LATE NARSAPPAYYA, AGED ABOUT 60 YEARS. 52. AMITH RAJ, S/O P. RAGHURAM RAO, AGED ABOUT 26 YEARS. 53. AMRITH RAJ, S/O P. RAGHURAM RAO, AGED ABOUT 24 YEARS. R51 TO R53 ARE R/AT HARSHA REFRESHMENTS, HOTEL SHARON, KUNDAPUR-576201. 54. P.SHRIKANTHA RAO, S/O LATE P.SHIVASHANKAR RAO, AGED ABOUT 34 YEARS, R/AT PATHUMUDY HOUSE, POST MANCHI-574323, BANTWAL TALUK. 55. ANANTHAYYA V. RAO, S/O LATE P. VASUDEVA RAO, - 10 - RSA No. 2450 of 2018 AGED ABOUT 73 YEARS, R/AT 51/52/2 PALM MEADOWN, AIRPORT WHITEFIELD ROAD, BENGALURU-560 086. 56. YAJNESH RAO, S/O ANANTHAYYA RAO, AGED ABOUT 42 YEARS, R/AT 51/52/2 PALM MEADOWS, AIRPORT WHITEFIELD ROAD, BENGALURU-560 086. …RESPONDENTS (BY SRI G.B. SHASTRI, ADVOCATE FOR C/R1, SRI PUNDIKAI ISHWARA BHAR, ADV FOR R14) THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 15.12.2017 PASSED IN RA.NO.12/2014 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND JMFC, BANTWAL, D.K., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.06.2014 PASSED IN OS.NO.296/1994 ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC, BANTWAL, D.K. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: J U D G M E N T The learned counsel Smt. Suhani Holla submits that she has filed the vakalath in 2021 and the peremptory order is dated 22.11.2019. 2. This appeal was filed in the year 2018 and this Court vide order dated 22.11.2019, granted three weeks time to comply with the office objections, subject to the condition that if the office objections are not complied within the - 11 - RSA No. 2450 of 2018 extended period of three weeks, the appeal shall be listed for dismissal. Inspite of the same, till date the office objections are not complied with. Hence, the appeal is dismissed for non-compliance of office objections. Sd/- JUDGE MD List No.: 2 Sl No.: 23