IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE 2025 BEFORE THE HON' BLE MR. JUSTICE H. P. SANDESH REGULAR SECOND APPEAL NO. 35 OF 2022 BETWEEN C. H. RAMAPPA, S/O C. H. HANUMANTHAPPA, SINCE DEAD BY HIS LRS., 1. SMT. DURGAMMA, W/O LATE C. H. RAMAPPA, AGED ABOUT 50 YEARS, HOUSEHOLD WORK, 2 . YELLAPPA, S/O LATE C. H. RAMAPPA, AGED ABOUT 33 YEARS, COOLIE. 3 . NAGENDRAPPA, S/O LATE C. H. RAMAPPA, AGED ABOUT 30 YEARS, COOLIE. 4 . RAMESHA, S/O LATE C. H. RAMAPPA, AGED ABOUT 27 YEARS, COOLIE. …2 RSA NO.35/2022 2 APELLANTS 1 TO 4 ARE RESIDENTS OF MEDEHALLI VILLAGE, CHITRADURGA TALUK. 5 . C. H. SANNAHANUMANTHAPPA, S/O C. H. RAMAPPA, AGED ABOUT 53 YEARS, COOLIE. 6 . C. H. NAGARAJA, S/O C. H. HANUMANTHAPPA, AGED ABOUT 48 YEARS, AGRICULTURIST, COOLIE. APPELLANT NOS. 5 AND 6 ARE RESIDENTS OF MEDEHALLI VILLAGE, 1ST CROSS, CHITRADURGA TALUK AND DISTRICT. 7. C. H. DURGAMMA, W/O NAGAPPA, AGED ABOUT 72 YEARS, R/O MEDEHALLI VILLAGE, 1ST CROSS, CHITRADURGA TALUK AND DISTRICT. 8. C. H. ERAMMA, W/O LATE HANUMANTHAPPA, AGED ABOUT 70 YEARS, …3 RSA NO.35/2022 3 R/O MEDEHALLI VILLAGE, 1ST CROSS, CHITRADURGA TALUK AND DISTRICT. C. H. YELLAKKA, W/O NANDIPURA ERAPPA, DEAD BY HER LRS., 9. SMT. HANUMAKKA, W/O HANUMANTHAPPA, AGED ABOUT 36 YEARS, COOLIE, R/O MEDEHALLI, CHITRADURGA TALUK. 10. THIPPESWAMY, S/O NANDIPURA ERAPPA, AGED ABOUT 34 YEARS, COOLIE, R/O MEDEHALLI, CHITRADURGA TALUK. 11. SMT. ERAMMA, W/O INDRAPPA, AGED ABOUT 33 YEARS, COOLIE, R/O MEDEHALLI, CHITRADURGA TALUK. …4 RSA NO.35/2022 4 12. KAMALAMMA, W/O ESHWARAPPA, AGED ABOUT 32 YEARS, COOLIE, R/O MEDEHALLI, CHITRADURGA TALUK. 13. SMT. C. H. THIMMAKKA, W/O NANDIPURA HANUMANTHAPPA, AGED ABOUT 36 YEARS, COOLIE, R/O MEDEHALLI, CHITRADURGA TALUK. 14. SMT. C. H. JAYAMMA, W/O HALLAPURADA HANUMANTHAPPA, AGED ABOUT 36 YEARS, COOLIE, R/O MEDEHALLI, CHITRADURGA TALUK. 15. SMT. SANNAHANUMAKKA, W/O ERABHOVI, AGED ABOUT 52 YEARS, COOLIE BY PROFESSION, R/O NANDIPURA VILLAGE, …5 RSA NO.35/2022 5 NEAR GODABANAHLLI, CHITRADURGA TALUK. ...APPELLANT/S (By Sri/Smt. : KALEEMULLAH SHARIF, ADVOCATE) AND 1 . Y. HANUMANTHAPPA, S/O C. H. YALLAPPA, AGED ABOUT 60 YEARS, TEACHER AT NAYAKANA - HATTI PRIMARY SCHOOL. 2 . Y. THIPPESWAMY, S/O C. H. YALLAPPA, AGED ABOUT 48 YEARS, FOUNDATION WORKER. 3 . Y. RAMANNA, S/O C. H. YALLAPPA, AGED ABOUT 45 YEARS, ACCOUNTANT IN - DALLALIMANDI. 4 . Y. SANNAYALLAPPA, S/O C. H. YALLAPPA, AGED ABOUT 43 YEARS, MASON. …6 RSA NO.35/2022 6 5 . C. H. THIPPESWAMY, S/O C. H. SANNAERAPPA, AGED ABOUT 44 YEARS, COOLIE. 6 . C. H. THIMMAPPA, S/O SANNAHAUMABHOVI, AGED ABOUT 65 YEARS, AGRICULTURAL COOLIE. 7 . C. H. CHIKKAERAPPA, S/O LATE SANNAHANUMABHOVI, AGED ABOUT 65 YEARS, AGRICULTURAL COOLIE. RESPONDENT NOS. 1 TO 7 ARE RESIDENTS OF MEDAHALLI VILLAGE, 1ST CROSS, CHITRADURGA TALUK AND DISTRICT. 8 . HANUMAKKA, W/O THIPPESWAMY, D/O C. H. SANNERAPPA, AGED ABOUT 37 YEARS, R/O UNION TALKIES, CHITRADURGA. 9 . RATHNAMMA, W/O NAGARAJ, …7 RSA NO.35/2022 7 D/O C. H. SANNAERAPPA, AGED ABOUT 35 YEARS, COOLIE, R/O MEDAHALLI, CHITRADURGA TALUK. YELLAMMA, W/O LATE YELLAPPA, DEAD BY HER LRS., 10. RAMAPPA, S/O YELLAPPA, AGED ABOUT 33 YEARS, COOLIE, R/O MEDAHALLI, CHITRADURGA TALUK. 11 . ERAPPA, S/O YELLAPPA, AGED ABOUT 42 YEARS, COOLIE, R/O MEDAHALLI, CHITRADURGA TALUK. 12 . HANUMAKKA, W/O SANNAHANUMANTHAPPA, SINCE DEAD BY HER LRS., …8 RSA NO.35/2022 8 12(a) SMT. YELLAMMA, W/O LATE VEERABHADRAPPA, AGED ABOUT 42 YEARS. 12(b) SMT. SHARADAMMA, W/O MANJUNATHA, AGED ABOUT 19 YEARS, 12(c) SMT. JYOTHI, W/O RAGHU, AGED ABOUT 19 YEARS, 12(d) MARAPPA, S/O HALLAPURADA HANUMANTHAPPA, AGED ABOUT 46 YEARS, 12(e) SMT. DONNAMMA, W/O THIPPESWAMY, D/O HALLAPURADA HANUMANTHAPPA, AGED ABOUT 42 YEARS, 12(f) CHANDRAPPA, S/O HALLAPURADA HANUMANTHAPPA, AGED ABOUT 40 YEARS, 12(g) SMT. ANJANAMMA, W/O LATE YELLAPPA, D/O HANUMANTHAPPA, AGED ABOUT 33 YEARS, …9 RSA NO.35/2022 9 12(h) KAMALAMMA, W/O ANANDA, AGED ABOUT 26 YEARS, RESPONDENT NOS 12 TO 19 ARE R/O MEDAHALLI, CHITRADURGA TALUK. 13. HANUMANTHAPPA, S/O YALLAPPA, AGED ABOUT 40 YEARS, COOLIE, R/O MEDAHALLI, CHITRADURGA TALUK, 14. HANUMAKKA, W/O AALLAPURADA HANUMANTHAPPA, SINCE DEAD BY HER LRS., 14(a) YELLAMMA, W/O LATE VEERABHDRAPPA, AGED ABOUT 42 YEARS, 14(b) SHARADAMMA, W/O MANJUANTH, AGED ABOUT 19 YEARS, 14(c) SMT. JYOTHI, W/O RAGHU, AGED ABOUT 19 YEARS, …10 RSA NO.35/2022 10 14(d) MARAPPA, S/O HALLAPURADA HANUMANTHAPPA, AGED ABOUT 46 YEARS, 14(e) DONAMMA, W/O THIPPESWAMY, D/O HALLAPURADA HANUMATHAPPA, AGED ABOUT 42 YEARS, 14(f) CHANDRAPPA, D/O HALLAPURADA HANUMATHAPPA, AGED ABOUT 40 YEARS, 14(g) ANJANAMMA, W/O LATE YELLAPPA, D/O HALLAPURADA HANUMANTHAPPA, AGED ABOUT 33 YEARS, RESPONDENT NOS. 21(a) TO 21(g) ARE ALL COOLIE AND R/O MEDEHALLY VILLAGE, CHITRADURGA TALUK. 14(h) KAMALAMMA, W/O HANUMANTHAPPA, AGED ABOUT 26 YEARS, R/O HONNAMARADI VILLAGE, DONNEHALLY POST, JAGALORE TALUK, DAVANGERE DISTRICT. …11 RSA NO.35/2022 11 15. C. H. THIPPESWAMY, S/O C. H. SANNAEERAPPA, AGED ABOUT 44 YEARS, W/O THIPPESWAMY, R/O MEDAHALLI VILLAGE, CHITRADURGA TALUK. 16. SMT. YELLAMMA, W/O C. H. SANNAEERAPPA, AGED ABOUT 62 YEARS, R/O MEDAHALLI VILLAGE, CHITRADURGA TALUK. …RESPONDENT/S REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC 1908., AGAINST THE JUDGMENT AND DECREE DATED 28.10.2019 PASSED IN RA.NO.16/2014 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 28.02.2014 PASSED IN OS.NO.30/2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE CJM AND MACT-III, CHITRADURGA. This Regular Second Appeal coming on for Orders, this day the Court made the following Order:- …12 RSA NO.35/2022 12 ORAL ORDER This appeal was filed on 23.12.2021 and was listed before the Registrar (P and H) on 14.01.2022, 09.09.2022 and 19.12.2023 for non-compliance of the office objections and the office objections were not complied with. The matter was listed before the Court on 08.01.2024 and this Court granted a week's time to comply with the office objections on payment of cost of Rs.1,000/-. The cost was paid, but office objections were not complied. Again the matter was listed on 16.01.2024 and a week's time was granted to comply with the office objections. Inspite of the matter is listed for the sixth time for non- compliance of the office objections, the same are not complied. Hence, on cost of Rs.500/- payable at the Registry, another one week's time is granted to comply with the office objections. If the cost is not paid and the office objections are not complied within one week, the appeal shall stand dismissed without reference to the Bench. Sd/- JUDGE …13 RSA NO.35/2022 13 NOTE : Vide Court Order dated 18.06.2025, 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