- 1 - NC: 2024:KHC:34638 MSA No. 119 of 2018 C/W MSA No. 120 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2024 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL No.119 OF 2018 (RO) C/W MISCELLANEOUS SECOND APPEAL No.120 OF 2018 IN M.S.A.No.119/2018 BETWEEN: 1. SAKAMMA DEAD BY LRS SMT.R.SAROJAMMA W/O H V THAMMAGOWDA AGED ABOUT 72 YEARS, P.C. EXTENSION KOLAR PIN-563 101 2. SMT R ANASUYAMMA W/O K R KRISHNAPPA AGED ABOUT 62 YEARS, BEML LAYOUT K.G.F., PIN-563122 3. SMT R PADMA W/O N RAMACHANDRAIAH AGED ABOUT 58 YEARS, R/AT NO.25 KANAKANAPALYA KOLAR PIN-563 101 …APPELLANTS (BY SRI S.ANILKUMAR, ADVOCATE-ABSENT) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:34638 MSA No. 119 of 2018 C/W MSA No. 120 of 2018 AND: 1. SRI R RADHAKRISHNA S/O P T RAME GOWDA AGED ABOUT 55 YEARS, R/O IRAGAMUTHANAHALLI VILLAGE, MULBAGAL TALUK PIN-563 131 2. SMT G N GEETHA W/O R RADHAKRISHNA AGED ABOUT 54 YEARS, R/O IRAGAMUTHANAHALLI VILLAGE, MULBAGAL TALUK PIN-563 131 3. DR R RAJAGOPAL S/O P T RAME GOWDA AGED ABOUT 75 YEARS, REPRESENTED BY P A HOLDER R SHANKAR RESPONDENT NO.4 4. SRI R SHANKAR S/O P T RAME GOWDA AGED ABOUT 67 YEARS, R/O POOJANAHALLI BYRAKOOR HOBLI MULBAGAL TALUK, PIN-563131 SRI K T KRISHNE GOWDA SINCE DEAD BY LRS 5. SMT K SHYLAJA D/O LATE K T KRISHNE GOWDA AGED ABOUT 51 YEARS, 6. SMT SHOBA.K D/O LATE K T KRISHNE GOWDA AGED ABOUT 50 YEARS, 7. DR K SHIVAPRAKASH S/O LATE K T KRISHNE GOWDA AGED ABOUT 47 YEARS, - 3 - NC: 2024:KHC:34638 MSA No. 119 of 2018 C/W MSA No. 120 of 2018 8. SRI K SHAMASUNDR S/O LATE K T KRISHNE GOWDA AGED ABOUT 45 YEARS, RESPONDENTS 5 TO 8 ARE ALL R/O P C EXTENTION KOLAR TOWN PIN-563101 9. SRI NARAYANAPPA S/O BYCHE GOWDA AGED ABOUT 76 YEARS 10. DR N PREMACHANDRA S/O NARAYANAPPA AGED ABOUT 46 YEARS 11. SMT N SAVITHA D/O NARAYANAPPA AGED ABOUT 41 YEARS 12. SRI N RAVICHANDRA S/O NARAYANAPPA AGED ABOUT 41 YEARS RESPONDENTS 9 TO 12 ARE ALL R/AT NO.56/10, 59TH B-CROSS, 4TH N BLOCK, RAJAJI NAGAR ENTRANCE BANGALORE-560 010 13. SRI C PURUSHOTHAMA REDDY S/O CHINNAPPA REDDY AGED ABOUT 67 YEARS, R/AT DOOR NO.58, SONNEHALLI MAHADEVAPURA POST BANGALORE-560 048 …RESPONDENTS (BY SRI M.V.CHANDRA SHEKARA REDDY, ADVOCATE FOR R1; SRI S.M.BABU, ADVOCATE FOR R2; R3 TO R6, R10 TO R12 ARE SERVED AND UNREPRESENTED) - 4 - NC: 2024:KHC:34638 MSA No. 119 of 2018 C/W MSA No. 120 of 2018 MSA FILED UNDER ORDER 43 RULE (1)(U) R/W SEC.105 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.06.2018 PASSED IN RA NO.72/2013 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, KOLAR, ALLOWING APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 26.02.2013 PASSED IN OS 166/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, MULBAGAL, DECREEING SUIT FOR PARTITION AND SEPARATE POSSESSION. IN M.S.A.No.120/2018 BETWEEN: 1. SAKAMMA DEAD BY LRS SMT.R.SAROJAMMA W/O H V THAMMAGOWDA AGED ABOUT 72 YEARS, P.C. EXTENSION KOLAR PIN-563 101 2. SMT R ANASUYAMMA W/O K R KRISHNAPPA AGED ABOUT 62 YEARS, BEML LAYOUT K.G.F., PIN-563122 3. SMT R PADMA W/O N RAMACHANDRAIAH AGED ABOUT 58 YEARS, R/AT NO.25 KANAKANAPALYA KOLAR PIN-563 101 …APPELLANTS (BY SRI S.ANILKUMAR, ADVOCATE –ABSENT) AND : 1 . SRI C PURUSHOTHAMA REDDY S/O CHINNAPPA REDDY AGED ABOUT 67 YEARS R/AT DOOR NO.58 - 5 - NC: 2024:KHC:34638 MSA No. 119 of 2018 C/W MSA No. 120 of 2018 SONNEHALLI MAHADEVAPURA POST BANGALORE-560 048 2 . DR R RAJAGOPAL S/O P T RAME GOWDA AGED ABOUT 75 YEARS REPRESENTED BY P A HOLDER R SHANKAR, RESPONDENT NO.2 3 . SRI R SHANKAR S/O P T RAME GOWDA AGED ABOUT 67 YEARS R/IO POOJANAHALLI BYRAKOOR HOBLI MULBAGAL TALUK PIN:563 131 4 . SRI R RADHAKRISHNA S/O P T RAME GOWDA AGED ABOUT 55 YEARS R/I POOJANAHALLI VILLAGE MULBAGAL TALUK PIN:563 131 SRI K T KRISHNE GOWDA SINCE DEAD BY LRS 5. SMT. K SHYLAJA D/O LATE K T KRISHNE GOWDA AGED ABOUT 51 YEARS 6 . SMT SHOBA D/O LATE K T KRISHNE GOWDA AGED ABOUT 50 YEARS 7 . DR K SHIVAPRAKASH S/O LATE K T KRISHNE GOWDA AGED ABOUT 47 YEARS 8 . SRI K SHAMASUNDAR D/O LATE K T KRISHNE GOWDA - 6 - NC: 2024:KHC:34638 MSA No. 119 of 2018 C/W MSA No. 120 of 2018 AGED ABOUT 45 YEARS RESPONDENTS 5 TO 8 ARE ALL R/O P C EXTENTION KOLAR TOWN PIN:563 101 9 . SRI NARYANAPPA S/O BYCHE GOWDA AGED ABOUT 76 YEARS 10 . DR N PREMACHANDRA S/O NARAYANAPPA AGED ABOUT 46 YEARS 11 . SMT N SAVITHA D/O NARAYANAPPA AGED ABOUT 41 YEARS 12 . SRI N RAVICHANDRA S/O NARAYANAPPA AGED ABOUT 41 YEARS RESPONDENTS 9 TO 12 ARE ALL R/AT NO.56/10, 59TH B CROSS 4TH N BLOCK RAJAJINAGAR ENTRANCE BANGALORE-560 010 13 . SMT G N GEETHA W/O R RADHAKRISHNA AGED ABOUT 54 YEARS R/O IRAGAMUTHANAHALLI VILLAGE MULBAGAL TALUK PIN:563 131 …RESPONDENTS (BY SRI M.V.CHANDRA SHEKARA REDDY, ADVOCATE FOR R4; SRI S.M.BABU, ADVOCATE FOR R13; R2, R3, R10, R11, R12 AND R13 ARE SERVED AND UNREPRESENTED) - 7 - NC: 2024:KHC:34638 MSA No. 119 of 2018 C/W MSA No. 120 of 2018 THIS MSA IS FILED UNDER ORDER 43 RULE (1)(U) R/W SECTION 105 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.06.2018 PASSED IN RA NO.72/2013 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, KOLAR, ALLOWING APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 26.02.2013 PASSED IN OS NO.166/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, MULBAGAL AND REMANDING BACK TO TRIAL COURT FOR FRESH DISPOSAL IN ACCORDANCE WITH LAW. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL ORDER Office objections not complied with on behalf of the appellants in respect of Appellant No.2(a) and also necessary process fee not paid. Accordingly, appeals stands dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 1