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2025 DAILYLAW 70607 (KAR)

SMT B T VARALAKSHMI v. KUMARASWAMY

RSA/115/2022 · 2025-08-11

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31044 RSA No. 115 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.115 OF 2022 (PAR) BETWEEN: 1. SMT B T VARALAKSHMI W/O LATE P K THIPPESWAMY AGED ABOUT 42 YEARS 2. KUM T KAVYASHREE W/O LATE P K THIPPESWAMY AGED ABOUT 24 YEARS 3. KUM T ANJALI W/O LATE P K THIPPESWAMY AGED ABOUT 22 YEARS 4. KUM T BINDUSHREE W/O LATE P K THIPPESWAMY AGED ABOUT 18 YEARS 5. SMT SIDDAMMA W/O LATE P K PALANAYAKA AGED ABOUT 44 YEARS 6. P GIRISH W/O LATE P K PALANAYAKA AGED ABOUT 26 YEARS 7. SRI P MANJUNATHA W/O LATE P K PALANAYAKA AGED ABOUT 24 YEARS 8. P. SUDEEPA W/O LATE P K PALANAYAKA AGED ABOUT 22 YEARS ALL ARE AGRICULTURISTS R/O BUKKAMBUDI VILLAGE THALAK HOBLI, CHALLAKERE Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31044 RSA No. 115 of 2022 CHITRADURGA DISTRICT -577 522. …APPELLANTS (BY SRI SPOORTHY HEGDE N, ADVOCATE- ABSENT) AND: 1. KUMARASWAMY DEAD BY LR’s APPELLANTS NO.1 TO 8 ARE THE LR’s ALONGWITH THE LR AT I.A.NO.1/2023 2. GURUMURTHY S/O LATE GURRAPPA AGED ABOUT 62 YEARS AGRICULTURIST R/O EUKKAMBUDI VILLAGE THALAKU HOBLI -577 521 CHITRADURGA TALUK AT PRESENT RESIDING AT C.P.W.D QUARTERS, H S R LAYOUT BANGALORE -560 102 3. CHANNABASAPPA S/O DODDA BASANNA AGED ABOUT 96 YEARS 4. M T ESWARAPPA S/O THIPERUDRAPPA AGED ABOUT 53 YEARS 5. ESWARAPPA S/O UDDANA BASAPPA AGED ABOUT 68 YEARS 6. SUMA W/O LATE B N PRABHU AGED ABOUT 44 YEARS 7. KUM RAKSHITHA W/O LATE B N PRABHU AGED ABOUT 22 YEARS 8. KUM KARTHIK W/O LATE B N PRABHU AGED ABOUT 15 YEARS - 3 - HC-KAR NC: 2025:KHC:31044 RSA No. 115 of 2022 9. B N VASANTHA S/O NAGARAJAPPA AGED ABOUT 45 YEARS 10. NANNA SAB S/O HUSSAIN SAB AGED ABOUT 51 YEARS 11. RASUL S/O SHAKEELSAB AGED ABOUT 44 YEARS 12. DADAPEER S/O NANABABU AJJA AGED ABOUT 61 YEARS 13. BASAVARAJAPPA S/O ANGADI GANGANNA AGED ABOUT 67 YEARS 14. H ASWOK S/O ANGADI GANGANNA AGED ABOUT 47 YEARS 15. VENKATESH S/O VEERABHADRAPPA AGED ABOUT 50 YEARS 16. KENGAIAH S/O KURIOBAIAH AGED ABOUT 62 YEARS 17. SAVAKARI BOMMAIAH S/O MARAIAH AGED ABOUT 66 YEARS 18. RAJANNA S/O BORAIAH AGED ABOUT 47 YEARS 19. GUGGALA ERANNA S/O MARAIAH AGED ABOUT 62 YEARS 20. JAYANNA S/O ANGADI GABGANNA AGED ABOUT 52 YEARS - 4 - HC-KAR NC: 2025:KHC:31044 RSA No. 115 of 2022 21. PUSPAVATHI W/O CHANDRA AGED ABOUT 53 YEARS 22. PUTTANNA S/O SANNAOBAIAH AGED ABOUT 57 YEARS 23. M MAHESH S/O ESWARAPPA AGED ABOUT 50 YEARS 24. GURUMURTHY S/O GURAPPA AGED ABOUT 52 YEARS 25. MALLIKARJUNA S/O CHANNAMALLAIAH AGED ABOUT 47 YEARS RESPONDENTS NO.3 TO 25 ARE RESIDING AT EUKKAMBUDI VILLAGE THALAKU HOBLI, CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 521 26. PANCHAYATH DEVELOPMENT OFFICE DVAREDDYHALLY PANCHAYATH THALAK HOBLI, CHITRADURGA TALUK CHITRADURGA DISTRICT 577 001 …RESPONDENTS (BY SRI PRAVEEN KUMAR RAIKOTE, ADVOCATE FOR R2 TO R4; R6, R13, R15, R23-R25; R5, R7, R8 TO R12, R14, R16, R17, R19, R21, R22 AND R26 ARE SERVED; SERVICE OF NOTICE TO R20, R14 AND R18 HELD SUFFICIENT) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 03.08.2019 PASSED IN R.A.No.49/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHALLAKERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 22.09.2018 PASSED IN O.S.No.173/2012 ON THE FILE OF THE CIVIL JUDGE AND JMFC., MOLAKALMURU. - 5 - HC-KAR NC: 2025:KHC:31044 RSA No. 115 of 2022 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Matter was passed over in the morning session. Case called again in the afternoon session. None present on behalf of the appellants. Office objections with regard to I.A.No.1/2023 not complied. So also, office objections raised on amended cause title is not complied. Appeal is of the year 2022. Taking note of the above aspects, appeal is dismissed for non-prosecution. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 15