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2025 DAILYLAW 48754 (KAR)

S V BASAVARAJAPPA v. S V HANUMANTHAPPA DEAD BY H IS LRS

RSA/989/2022 · 2025-06-27

H P Sandesh

body2025

Judgment text

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE 2025 BEFORE THE HON' BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 989 OF 2022(DEC/INJ) BETWEEN 1 . S. V. BASAVARAJAPPA, SON OF ERAPPA, AGED ABOUT 69 YEARS, OCC: AGRICULTURIST, 2 . S. V. VEERABHADRAPPA, SON OF ERAPPA, AGED ABOUT 62 YEARS, OCC: AGRICULTURIST, BOTH ARE RESIDENTS OF BALLUR VILLAGE, DAVANGERE TALUK, DISTRICT: DAVANAGERE. ...APPELLANT/S (By Sri/Smt. : MANJUNATHA P. and NAGMALA B. K., ADVOCATES) AND 1 . S. V. HANUMANTHAPPA, DEAD BY HIS LRS., ...2 RSA NO.989/2022 2 1(a) SMT. NAGAMMA, WIFE OF LATE S. V. HANUMANTHAPPA, SINCE DEAD BY HER LRS AT 1(b) TO 1(h) 1(b) S. CHIKKAPPA, SON OF LATE S. V. HANUMANTHAPPA, AGED ABOUT 63 YEARS, OCC: AGRICULTURIST, 1(c) RAJKUMAR, SON OF LATE S. V. HANUMANTHAPPA, AGED ABOUT 58 YEARS, OCC: AGRICULTURIST, 1(d) ANANDAPPA, SON OF LATE S. V. HANUMANTHAPPA, AGED ABOUT 49 YEARS, C/O CHATRDA HUCHCHAPPA AND NAGAMMA, RESIDENT OF HALLADAKERI, HARIHARA CITY. 1(e) REVANASIDDAPPA, SON OF LATE S. V. HANUMANTHAPPA, AGED ABOUT 47 YEARS, SRINIVASA MEDICALS, RESIDENT OF MAYAKONDA VILLAGE, DAVANAGERE TALUK. …3 RSA NO.989/2022 3 1(f) SMT. LAXMAMMA, WIFE OF BANDARI ASHOKAPPA, AGED ABOUT 69 YEARS, OCC :HOUSEHOLD RESIDENT OF MOTEBENNUR VILLAGE, HAVERI TALUK AND DISTRICT. 1(g) SMT. SUNANDAMMA, WIFE OF MALLESHAPPA, AGED ABOUT 61 YEARS, HOUSEHOLD, RESIDENT OF BALLUR VILLAGE, DAVANAGERE TALUK. 1(h) SMT. SARASWATHAMMA, WIFE OF D. BILLICHODU RANGANATHA, AGED ABOUT 45 YEARS, HOUSEHOLD, RESIDENT OF RAMAGONDANAHALLI VILLAGE, DAVANAGERE TALUK. 2. B. M. ONKARAIAH, SON OF CHANNAVEERAIAH, AGED ABOUT 71 YEARS, RESIDINT OF D. NO.2595/7, CHURCH ROAD, RAM AND CO. CIRCLE, LOURDS BOYS HIGH SCHOOL, DAVANAGERE. …4 RSA NO.989/2022 4 3. S. V. MAHARUDRAPPA, SON OF LATE ERAPPA, AGED ABOUT 60 YEARS, PRIVATE EMPLOYMENT, RESIDENT OF ‘JYOTHIRLINGA KRUPA’, DOOR NO.81, NEAR MUTURAYA SWAMY TEMPLE, MTS COLONY, T. DASARAHALLI, BANGALORE – 560 057. …RESPONDENT/S REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.04.2022 PASSED IN RA.NO.101/2019 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 17.09.2019 PASSED IN O.S.NO.385/2007 ON THE FILE OF THE ADDL. CIVIL JUDGE, DAVANAGERE. This Regular Second Appeal coming on for Orders, this day the Court made the following Order:- …5 RSA NO.989/2022 5 ORAL ORDER Learned counsel for the appellants has paid the cost, but not complied with the office objections. Learned counsel for the appellants again seeks time. Inspite of matter being listed fourth time for non-compliance of office objections and imposed cost on the earlier occasion for non-compliance of office objections, none of the office objections are complied. Hence, on further cost of Rs.500/- payable at Registry within two weeks, another two weeks time is granted to comply with the office objections. If the cost is not paid and the office objections are not complied within two weeks, the appeal shall stand dismissed without reference to the Bench. Sd/- JUDGE …6 RSA NO.989/2022 6 NOTE : Vide Court Order dated 27.06.2025, cost not paid and the office objections are not complied with. Hence, the appeal is hereby dismissed. COPY Sd/- ASSISTANT REGISTRAR T By: SR R By: VS C By: GS Ty Date: 02.12.2025 C Date: 04.12.2025