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2023 Supreme(Online)(KAR) 18556
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RFA No. 2006 of 2006
C/W RFA No. 2007 of 2006
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2023
BEFORE
THE HON’BLE MR JUSTICE N S SANJAY GOWDA
REGULAR FIRST APPEAL NO. 2006 OF 2006 (DEC)
C/W
REGULAR FIRST APPEAL NO. 2007 OF 2006
IN.R.F.A.No.2006/2006
BETWEEN:
1.
NARAHARIYAPPA
S/O LATE CHOODAMANIYAPPA
AGED 70 YEARS
SINCE DEAD BY HIS LRS.
1(a) SMT RATHNAMMA W/O LATE K NARAHARIYAPPA
AGED ABOUT 60 YEARS,
OCC. HOUSEHOLD
1(b) SMT N SHANTHA D/O LATE K NARAHARIYAPPA
AGED ABOUT 40 YEARS
OCC TEACHER ,
1(c) N RAVI S/O LATE K NARAHARIYAPPA
AGED ABOUT 35YEARS
OCC BUSINESS ,
1(d) N GIRISH S/O LATE K NARAHARIYAPPA
AGED ABOUT 32 YEARS , OCC ADVOCATE ,
ALL ARE R/AT 3RD CROSS,
RAVINDRANAGAR, SHIMOGA.
(AMENDED AS PER THE ORDER OF THE HON’BLE
COURT DT: 06.08.2008)
…APPELLANTS
(BY SMT. RATHNAMMA, 1(a), SMT. SHANTHA, 1(b),
SRI.N RAVI, 1(c) AND SRI. N. GIRISH 1(d).,
APPELLANTS (ABSENT) )
Digitally
signed by
PANKAJA S
Location:
HIGH
COURT OF
KARNATAKA
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RFA No. 2006 of 2006
C/W RFA No. 2007 of 2006
AND:
BELLUDI YELLAPPA
S/O SIDDAPPA
DEAD BY HIS LRS
1.
YALLAPPA S/O. LATE BELLUDI YELLAPPA
AGED ABOUT 42YEARS
2.
SIDDAPPA S/O LATE BELLUDI YELLAPPA
AGED ABOUT 38 YEARS.
3.
NANJAPPA S/O. LATE BELLUDI YELLAPPA
AGED ABOUT 38 YEARS.
4.
BARMAPPA S/O. LATE BELLUDI YELLAPPA
AGED ABOUT 36 YEARS.
5.
MAHESH S/O. LATE BELLUDI YELLAPPA
AGED ABOUT 31 YEARS.
6.
NAGAPPA S/O. LATE BELLUDI YELLAPPA
AGED ABOUT 29 YEARS.
7.
UMESH S/O. LATE BELLUDI YELLAPPA
AGED ABOUT 25 YEARS.
8.
NINGARAJU S/O. LATE BELLUDI YELLAPPA
MINOR, REP BY COURT GUARDINA
ALL ARE AGRICULTURISTS
R/O. GADIKOPPA VILLAGE,
SHIMOGA TALUK.
…RESPONDENTS
(BY SRI. RAKSHIT SHETTY, FOR
SRI. P.S. RAJAGOPAL & ASSOCIATES, ADVOCATES)
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RFA No. 2006 of 2006
C/W RFA No. 2007 of 2006
THIS RFA FILED U/S 96 OF CPC AGAINST THE
AND
DECREE
DT.30.06.2006
PASSED
IN
O.S.NO.268/2000 ON THE FILE OF THE PRL.CIVIL JUDGE
(SR.DN.) AND CJM., SHIMOGA, DECREEING THE SUIT FOR
DECLARATION AND CONSEQUENTIAL RELIEF OF PERMANENT
INJUNCTION.
IN.R.F.A.No.2007/2006
SINCE DIED BY HIS LRS.
OCC HOUSEHOLD
ALL ARE R/AT 3RD CROSS,
(AMENDED AS PER THE ORDER OF THE HON’BLE
COURT DT: 06.08.2008)
(BY SMT. RATHNAMMA, 1(a), SMT. SHANTHA, 1(b)
SRI.N RAVI, 1(C), SRI. N. GIRISH 1(d).,
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DEAD BY HIS LRS.
A.
MT. BASAMMA W/O LATE BELLUDI YELLAPPA
MAJOR.
B
AGED ABOUT 42 YEARS
C.
D.
E.
F.
G.
H.
I.
SMT. SUBADRAMMA W/O KRISHNAPPA
AGED ABOUT 46 YEARS
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AGRICULRIST
R/O KAREHALLI VILLAGE
BHADRAVATHI TALUK
SHIMOGA DISTRICT – 577 201.
SMT. NAGUBAI W/O LATE RAMA RAO
AGED ABOUT 60 YEARS
AGRICULTURIST
R/O MIGHATTA
SHIMOGA – 577 201.
LR’S OF DECEASED RESPONDENT NO-3
3(a) SMT.LEELA
W/O KRISHNAMURTHY
AGED ABOUT 38 YEARS
MILGHATTA MAIN ROAD
SHIMOGGA.
3(b) SMT. USHA
W/O KENCHOJI RAO
D/O LATE. NAGU BAI
AGED ABOUT 36 YEARS
SHIKARIPURA,
SHIMOGGA DISTRICT.
(AMENDED AS PER THE ORDER DATED: 12.01.2010)
(BY SRI. RAKSHIT SHETTY, FOR SRI. P.S. RAJAGOPAL &
ASSOCIATES.,ADVOCATES FOR R-1 ( ATO C, E TO I) & R-2;
R-1(D) IS SERVED
SRI. C.T. PARAMESHWARAPPA, ADVOCATE FOR R-3 (A&B))
JUDGEMENT
AND
DECREE
DT.30.06.2006
PASSED
IN
O.S.NO.01/1995 ON THE FILE OF THE PRL.CIVIL JUDGE
(SR.DN.) AND CJM., SHIMOGA, DISMISSING THE SUIT FOR
SPECIFIC PERFORMANCE.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
On
11.01.2023,
the
appellants’
counsel
was
permitted to retire since he had field Memo of Retirement.
Registry was directed to print the name of the
appellants in the cause list. Accordingly, names of the
appellants have been printed in the cause list.
Even on the last occasion, there was no appearance
on behalf of the appellants.
Today also, there is no appearance on behalf of the
appellants. It appears that the appellants are not
interested in prosecuting the appeals.
Left with no other alternatives, the appeals are
dismissed for non-prosecution.
Sd/-
JUDGE
BMC
List No.: 2 Sl No.: 1
