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2025 DAILYLAW 41093 (KAR)

P R SHAKUNTALAMMA v. D B KARIBASAPPA

RSA/2766/2007 · 2025-10-28

Umesh M Adiga

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43112 RSA No. 2766 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR SECOND APPEAL NO.2766 OF 2007 (DEC/INJ) BETWEEN: 1. P. R. SHAKUNTALAMMA W/O. P. RAMALINGASHETTY AGED ABOUT 70 YEARS SINCE DEAD REPRESENTED BY HER LRS THE APPELLANTS NOS.2 TO 8 AMENDED VIDE ORDER DATED 6/10/09 2. P. RAMALINGASHETTY SINCE DEAD BY HIS LRS (1) P. R. SHAKUNTALAMMA W/O. P. RAMALINGASHETTY AGED ABOUT 70 YEARS (2) P. R. BALAKRISHNA S/O. P. RAMALINGASHETTY AGED ABOUT 45 YEARS (3) P. R. VASUDEVASHETTY S/O. P. RAMALINGASHETTY AGED ABOUT 40 YEARS APPELLANT NOS.(1) TO (3) ARE RESIDING AT B.H. ROAD, ARSIKERE Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43112 RSA No. 2766 of 2007 (4) SMT. SULOCHANA W/O. M. RAMACHANDRASHETTY AGED ABOUT 48 YEARS RESIDING AT B. H. ROAD, KADUR TOWN (5) B. S. SHALINI W/O. B. S. SATHYANARAYANSHETTY AGED ABOUT 35 YEARS RESIDING AT JAYANAGAR ASSEMBL ROAD, BENGALURU (6) T. S. SUNEETHA W/O. T. S. SURESHBABU AGED ABOUT 32 YEARS RESIDING AT GANDHIBAZAR SHIMOGA (7) L. H. MANJULA W/O. K. V. HARISH AGED ABOUT 42 YEARS RESIDING AT LAKSHMI ENTERPRISES NEHRU ROAD, SHIMOGA (8) KANAKRAJ S/O. P. R. VISHWANATHSHETTY AGED ABOUT 36 YEARS RESIDING AT APMC YARD YESHWANTHPUR, BENGALURU …APPELLANTS (BY SRI S. MAHESH & SRI K. T. NAGENDRA, ADVOCATES, ABSENT)) AND: 1. D. B. KARIBASAPPA S/O. D. B. GURUSIDDAPPA AGED ABOUT 55 YEARS R/O. SUBHASHNAGAR ARSIKERE TOWN-573 103 - 3 - HC-KAR NC: 2025:KHC:43112 RSA No. 2766 of 2007 2. D. G. ESHWERAPPA S/O. D. B. GURUSIDDAPPA AGED ABOUT 54 YEARS R/O. SUBHASHNAGAR ARSIKERE TOWN 3. D. KAMALAKSHAPPA S/O. D. YELLAPPA AGED ABOUT 60 YEARS R/O. KARIYAMMA TEMPLE STREET ARSIKERE-573 103 …RESPONDENTS (BY SRI MURALI N. ADVOCATE FOR R-3(PRESENT); R-1 AND R-2 ARE SERVED AND UNREPRESENTED) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 24.02.2007 PASSED IN RA.NO.26/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND ADDL. CJM., ARSIKERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 14.02.2002 PASSED IN OS.NO.104/95 ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN.) ARSIKERE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT Learned counsel for respondent No.3 is present. 2. There is no representation on behalf of the appellants. - 4 - HC-KAR NC: 2025:KHC:43112 RSA No. 2766 of 2007 3. This Court vide order dated 14.10.2025 as passed the following order, which reads as under; "No representation for the appellant in the morning and afternoon session. A week's time is granted as a last chance. If the appellant does not appear and prosecute the appeal then the appeal will be dismissed on the next date of hearing. List this matter on 28.10.2025." 4. In view of the above said order and despite giving several opportunities, there is no representation on behalf of the appellant today. Hence, the appeal is dismissed for non- prosecution. Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 23