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2025 DAILYLAW 39811 (KAR)

SMT S MUNITHAYAMMA v. SMT. RATHNAMMA W/O LATE NAGARAJU

RSA/2591/2010 · 2025-07-17

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28063 RSA No. 2591 of 2010 C/W RSA No. 2590 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 2591 OF 2010 (PAR) C/W REGULAR SECOND APPEAL NO. 2590 OF 2010 (PAR) IN RSA No. 2591/2010 BETWEEN: 1 SMT. S. MUNITHAYAMMA, SINCE DECEASED BY LR'S 1(A). C. MANJUNATH S/O LATE CHANDRAPPA @JAYACHANDRAPPA AGED ABOUT 46 YEARS, AT: CHOICE CENTER, NO. 724/8, 2ND MAIN, ESI HOSPITAL ROAD, RAJAJINAGAR, BENGALURU - 560 010. 1(B). SMT. PADMA D/O LATE CHANDRAPPA @JAYACHANDRAPPA AGED ABOUT 44 YEARS, R/AT: MITAI SHAMANNA GALLI, KUMBARAPET, VIJAYAPURA, DEVANAHALLI TALUK - 562 110. 1(C). SMT. JAYANTHAMMA @JAYALALITHA, D/O LATE CHANDAPPA @JAYACHANDRAPPA AGED ABOUT 43 YEARS, R/AT DODAKATAPPA ROAD, ULSOOR, BENGALURU-560 008. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28063 RSA No. 2591 of 2010 C/W RSA No. 2590 of 2010 1(D). SMT. PUSHPA D/O LATE CHANDRAPPA @JAYACHANDRAPPA AGED ABOUT 41 YEARS, R/AT NARASIMHAIHA NILAYA, GANESHA GUDI, BENGALURU - 560 003. 1(E). SMT. SHOBHA D/O LATE CHANDRAPPA @JAYACHANDRAPPA AGED ABOUT 40 YEARS, R/AT: MITAI SHAMANNA GALLI, KUMBARAPET, VIJAYAPURA, DEVANAHALLI TALUK - 562 110. 1(F) PRASAD BABU S/O LATE CHANDRAPPA @JAYACHANDRAPPA AGED ABOUT 37 YEARS, R/AT: MITAI SHAMANNA GALLI, KUMBARAPET, VIJAYAPURA, DEVANAHALLI TALUK - 562 110. …APPELLANTS (A1(A) TO A1(F) ABSENT) AND: 1. SMT. RATHNAMMA W/O LATE NAGARAJU MAJOR, R/A DR. NO. 1, IST CROSS, MARUTHINAGARA, NEAR GEETHA MANDIR D CROSS ROAD, DODDABALLAPUR 2. MANDI MUNIYAPPA SINCE DECEASED BY HIS LRS. 2(A). SMT. SAVITRAMMA, AGED ABOUT 50 YEARS W/O LATE MANDI MUNIYAPPA, 2(B). VENKATESHA, AGED ABOUT 33 YEARS, S/O LATE MANDI MUNIYAPPA, - 3 - HC-KAR NC: 2025:KHC:28063 RSA No. 2591 of 2010 C/W RSA No. 2590 of 2010 2(C). LAXMINARAYANA, AGED ABOUT 27 YEARS, S/O LATE MANDI MUNIYAPPA SL. NOS. 2(A) TO 2(C) ARE R/AT MARKET MAIN ROAD, DODDABALLAPUR TOWN- 561 203. 2(D). SRI. LAVA, AGED ABOUT 38 YEARS, S/O LATE MANDI MUNIYAPPA, R/AT CHIKPET D. CROSS, DODDABALLAPURA - 561 203. 2(E). SRI. KUSHA, AGED ABOUT 35 YEARS, S/O LATE MANDI MUNIYAPPA, VEGETABLE MERCHANT, MARKET ROAD, DODDABALLAPURA - 561 203. 2(F). SMT. VIJAYA, AGED ABOUT 33 YEARS, D/O LATE MANDI MUNIYAPPA, R/AT SUBBARAYAPPA'S HOUSE, BASETTIHALLI, DODDABALLAPURA - 561 203. 2(G). SMT. ANASUYAMMA, AGED ABOUT 30 YEARS, D/O LATE MANDI MUNIYAPPA, 2(H). SMT. JAYA, AGED ABOUT 28 YEARS, D/O LATE MANDI MUNIYAPPA, SL. NOS. (G) AND (H) ARE R/AT NEAR GIRLS SCHOOL, CHIKKABALLAPURA, KOLAR - 562 101. - 4 - HC-KAR NC: 2025:KHC:28063 RSA No. 2591 of 2010 C/W RSA No. 2590 of 2010 2(I). SMT. LAXMIDEVI @ PUTTI, AGED ABOUT 35 YEARS, D/O LATE MANDI MUNIYA NAMANGALA, R/AT RAJAPPA'S HOUSE, OLD MADRAS ROAD, BENGALURU - 560 038. 2(J). SMT. LAXMIDEVI @ NAGALAXMI, AGED ABOUT 41 YEARS, D/O LATE MANDI MUNIYAPPA, R/AT 3RD CROSS, 22ND MAIN, PADMANABHANAGARA, BANGALORE - 560 078. 2(K). SMT. CHANDRA, AGED ABOUT 33 YEARS, D/O LATE MANDI MUNIYAPPA, R/AT NEAR POLICE STATION, YESHWANTHAPUR, BENGALURU - 560 022. 3. NARAYANAPPA S/O LATE ANJANAPPA SINCE DECEASED BY HIS LRS, 3(A). NAGRATHANA W/O JOHN SAMUEL, AGED ABOUT 48 YEARS, NO. 59, 1ST CROSS, HANUMAPPA LAYOUT, ALLASANDRA, BENGALURU - 560 065. 3(B). N. KRISHNA MURTHY, S/O LATE NARAYANAPPA, AGED ABOUT 36 YEARS, 3(C). N. PRAKASH, S/O LATE NARAYANAPPA, AGED ABOUT 33 YEARS, BOTH ARE R/AT NO. 206, JANATHA COLONY, - 5 - HC-KAR NC: 2025:KHC:28063 RSA No. 2591 of 2010 C/W RSA No. 2590 of 2010 …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.6.2010 PASSED IN R.A.NO.17/2005 ON THE FILE OF THE PRL. DISTRICT JUDGE/ I ADDL. SESSIONS JUDGE, BANGALORE RURAL DISTRICT BANGALORE, ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED: 17.1.2005 PASSED IN O.S.NO.6/2002 (OLD NO.204/1992) ON THE FILE OF THE CIVIL JUDGE (SR.DN) DODDABALLAPUR. BASETTHALLI, KASABA HOBLI, DODDABALLAPUR - 561 203. IN RSA NO. 2590/2010 BETWEEN: 1. SMT. S. MUNITHAYAMMA, SINCE DECEASED BY LR'S 1(A). C. MANJUNATH S/O LATE CHANDRAPPA @JAYACHANDRAPPA AGED ABOUT 46 YEARS, AT: CHOICE CENTER, NO. 724/8, 2ND MAIN, ESI HOSPITAL ROAD, RAJAJINAGAR, BENGALURU - 560 010. 1(B). SMT. PADMA D/O LATE CHANDRAPPA @JAYACHANDRAPPA AGED ABOUT 44 YEARS, R/AT: MITAI SHAMANNA GALLI, KUMBARAPET, VIJAYAPURA, DEVANAHALLI TALUK - 562 110. 1(C). SMT. JAYANTHAMMA @JAYALALITHA, D/O LATE CHANDAPPA @JAYACHANDRAPPA AGED ABOUT 43 YEARS, R/AT DODAKATAPPA ROAD, ULSOOR, BENGALURU-560 008. - 6 - HC-KAR NC: 2025:KHC:28063 RSA No. 2591 of 2010 C/W RSA No. 2590 of 2010 1(D). SMT. PUSHPA D/O LATE CHANDRAPPA @JAYACHANDRAPPA AGED ABOUT 41 YEARS, R/AT NARASIMHAIHA NILAYA, GANESHA GUDI, BENGALURU - 560 003. 1(E). SMT. SHOBHA D/O LATE CHANDRAPPA @JAYACHANDRAPPA AGED ABOUT 40 YEARS, R/AT: MITAI SHAMANNA GALLI, KUMBARAPET, VIJAYAPURA, DEVANAHALLI TALUK - 562 110. 1(F) PRASAD BABU S/O LATE CHANDRAPPA @JAYACHANDRAPPA AGED ABOUT 37 YEARS, R/AT: MITAI SHAMANNA GALLI, KUMBARAPET, VIJAYAPURA, DEVANAHALLI TALUK - 562 110. ...APPELLANTS (A1(A) TO A1(F) ABSENT) AND: 1. MANDI MUNIYAPPA SINCE DECEASED BY HIS LRS. 1(A). SMT. SAVITRAMMA, AGED ABOUT 50 YEARS W/O LATE MANDI MUNIYAPPA, 1(B). VENKATESHA, AGED ABOUT 33 YEARS, S/O LATE MANDI MUNIYAPPA, 1(C). LAXMINARAYANA, AGED ABOUT 27 YEARS, S/O LATE MANDI MUNIYAPPA SL. NOS. 1(A) TO 1(C) ARE - 7 - HC-KAR NC: 2025:KHC:28063 RSA No. 2591 of 2010 C/W RSA No. 2590 of 2010 R/AT MARKET MAIN ROAD, DODDABALLAPUR TOWN- 561 203. 1(D). SRI. LAVA, AGED ABOUT 38 YEARS, S/O LATE MANDI MUNIYAPPA, R/AT CHIKPET D. CROSS, DODDABALLAPURA - 561 203. 1(E). SRI. KUSHA, AGED ABOUT 35 YEARS, S/O LATE MANDI MUNIYAPPA, VEGETABLE MERCHANT, MARKET ROAD, DODDABALLAPURA - 561 203. 1(F). SMT. VIJAYA, AGED ABOUT 33 YEARS, D/O LATE MANDI MUNIYAPPA, R/AT SUBBARAYAPPA'S HOUSE, BASETTIHALLI, DODDABALLAPURA - 561 203. 1(G). SMT. ANASUYAMMA, AGED ABOUT 30 YEARS, D/O LATE MANDI MUNIYAPPA, 1(H). SMT. JAYA, AGED ABOUT 28 YEARS, D/O LATE MANDI MUNIYAPPA, SL. NOS. (G) AND (H) ARE R/AT NEAR GIRLS SCHOOL, CHIKKABALLAPURA, KOLAR - 562 101. 1(I). SMT. LAXMIDEVI @ PUTTI, AGED ABOUT 35 YEARS, D/O LATE MANDI MUNIYA NAMANGALA, R/AT RAJAPPA'S HOUSE, OLD MADRAS ROAD, BENGALURU - 560 038. 1(J). SMT. LAXMIDEVI @ NAGALAXMI, - 8 - HC-KAR NC: 2025:KHC:28063 RSA No. 2591 of 2010 C/W RSA No. 2590 of 2010 AGED ABOUT 41 YEARS, D/O LATE MANDI MUNIYAPPA, R/AT 3RD CROSS, 22ND MAIN, PADMANABHANAGARA, BANGALORE - 560 078. 1(K) SMT. CHANDRAKALA, AGED ABOUT 33 YEARS, D/O LATE MANDI MUNIYAPPA, R/AT NEAR POLICE STATION, YESHWANTHAPUR, BENGALURU - 560 022. 2. SMT. RATHNAMMA W/O LATE NAGARAJU MAJOR, R/A DR. NO. 1, IST CROSS, MARUTHINAGARA, NEAR GEETHA MANDIR D CROSS ROAD, DODDABALLAPUR 3. NARAYANAPPA S/O LATE ANJANAPPA SINCE DECEASED BY HIS LRS, 3(A). NAGRATHANA W/O JOHN SAMUEL, AGED ABOUT 48 YEARS, NO. 59, 1ST CROSS, HANUMAPPA LAYOUT, ALLASANDRA, BENGALURU - 560 065. 3(B). N. KRISHNA MURTHY, S/O LATE NARAYANAPPA, AGED ABOUT 36 YEARS, 3(C). N. PRAKASH, S/O LATE NARAYANAPPA, AGED ABOUT 33 YEARS, BOTH ARE R/AT NO. 206, JANATHA COLONY, - 9 - HC-KAR NC: 2025:KHC:28063 RSA No. 2591 of 2010 C/W RSA No. 2590 of 2010 THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT In RSA.No.2591/2010 This case is listed today under the caption 'dismissal' and as such names of the appellants have been shown in the cause list. 2. Learned counsel for the appellants was permitted to retire from the case vide order dated 04.07.2025. 3. Today also, there is no representation on behalf of the appellants. Hence, appeal is dismissed for non-prosecution. BASETTHALLI, KASABA HOBLI, DODDABALLAPUR - 561 203. ...RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.6.2010 PASSED IN R.A.NO.22/2005 ON THE FILE OF THE PRL. DISTRICT JUDGE/ I ADDL. SESSIONS JUDGE, BANGALORE RURAL DISTRICT BANGALORE, ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED: 17.1.2005 PASSED IN O.S.NO.6/2002 (OLD NO.204/1992) ON THE FILE OF THE CIVIL JUDGE (SR.DN) DODDABALLAPUR. - 10 - HC-KAR NC: 2025:KHC:28063 RSA No. 2591 of 2010 C/W RSA No. 2590 of 2010 In RSA.No.2590/2010 There is no representation for the appellants. Appeal is of the year 2010. Though the case is listed under the caption 'dismissal'. There is nobody to represent the appellants. Hence, the appeal is dismissed for non-prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE rv List No.: 1 Sl No.: 34 CT: BHK