2023 Supreme(Online)(KAR) 21095

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NC: 2023:KHC:40966

RFA No. 1850 of 2012

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF NOVEMBER, 2023

BEFORE

THE HON'BLE MR JUSTICE V SRISHANANDA

REGULAR FIRST APPEAL NO. 1850 OF 2012 (PAR)

BETWEEN:

1.

PILLAPPA ,

S/O SONNAPPA,

HINDU,

AGED ABOUT 48 YEARS.

2.

SMT. DYAVAMMA,

SINCE DEAD BY LR'S.

2(A). GANGADHARA,

S/O MUNIYAPPA,

AGED ABOUT 36 YEARS.

2(B). NARAYANASWAMY,

S/O MUNIYAPPA,

AGED ABOUT 34 YEARS.

2(C). DEVARAJA,

S/O MUNIYAPPA,

AGED ABOUT 32 YEARS.

APPELLANT NOS.2(A) TO 2(C)

ARE R/AT BACHAHALLI VILLAGE,

KASABA HOBLI,

SIDLAGHATTA TALUK,

CHICKBALLAPUR DISTRICT.

Digitally

signed by R

MANJUNATHA

Location:

HIGH COURT

OF

KARNATAKA

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RFA No. 1850 of 2012

3.

SMT. MUNITHAYAMMA,

W/O. LATE CHIKKA MUNIYAPPA,

AGED ABOUT 48 YEARS.

4.

KUM SHOBA,

D/O. MUNITHAYAMMA,

AGED ABOUT 19 YEARS,

APPELLANTS 1,3 AND 4 ARE

RESIDING AT JANGAMAKOTE VILLAGE,

NEAR EASHWARA TEMPLE,

SIDLAGHATTA TALUK,

CHICKABALLAPUR DISTRICT - 562 105.

…APPELLANTS

(BY SRI.G.BALAKRISHNA SHASTRY, ADVOCATE)

AND:

1.

MUNIVENKATAPPA

S/O. DASAPPA,

AGED ABOUT 63 YEARS,

VIDE ORDER DATED 23.01.2023,

A-1 IS TREATED AS LR OF DECEASED R-1.

2.

DODDA MUNIYAPPA,

S/O. LATE SONNAPPA,

AGED ABOUT 58 YEARS

VIDE ORDER DATED 23.01.2023,

R-1, R-6 TO R-9 ARE TREATED AS LRS OF DECEASED

R-2.

3.

NARAYANASWAMY,

S/O LATE MUNIVENKATAPPA,

AGED ABOAUT 48 YEARS.

RESPONDENTS 1 TO 3 ARE R/AT

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RFA No. 1850 of 2012

JANGAMAKOTE VILLAGE,

NEAR SHARI TEMPLE,

SIDLAGHATTA TALUK - 562 105.

4.

SMT.SHARADAMMA,

W/O YELLAPPA,

AGED ABOAUT 58 YEARS,

THOTI BAYI,

(NEAR ANJANEYA SWAMY TEMPLE),

JANGAMAKOTE VILLAGE,

SIDLAGHATTA TALUK - 562 105.

5.

KANNAL YUGANDHAR REDDY,

S/O.RAMACHANDRA,

AGED ABOUT 42 YEARS,

NO.2406, 15TH 'A' CROSS,

1ST SECTOR, HSR LAYOUT,

BANGALORE - 560 034.

6.

MUNIYAPPA,

S/O. DODDA MUNIYAPPA,

AGED ABOUT 40 YEARS.

7.

KRISHNAPPA,

S/O. DODDA MUNIYAPPA,

SINCE DEAD BY LR'S.

7(A). MUNIRATHNAMMA,

W/O KRISHNAPPA,

AGED ABOUT 39 YEARS.

7(B). VENKATARAJU,

S/O KRISHNAPPA,

AGED ABOUT 12 YEARS.

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RFA No. 1850 of 2012

7(C). MUNENDRA,

S/O KRISHNAPPA,

AGED ABOUT 10 YEARS.

7(A) TO 7(C) ARE R/AT:

VISHWANATHAPURA,

GUTTAHALLI,

KOLAR - 563 133.

RESPONDENT NOS.7(B) AND 7(C)

ARE MINORS AND ARE

REPRESENTED BY 7(A)

8.

VENKATESHA,

S/O. DODDA MUNIYAPPA,

AGED ABOUT 36 YEARS.

9.

SUBRAMANI,

S/O. DODDA MUNIYAPPA,

AGED ABOUT 33 YEARS.

10.

SOMASHEKARA,

S/O.PILLAPPA,

AGED ABOUT 25 YEARS.

11.

VENKATESHA,

S/O. PILLAPPA,

AGED ABOUT 18 YEARS,

ALL ARE RESIDING AT

JANGAMAKOTE SIDLAGHATTA TALUK,

CHICKBALLAPUR DISTRICT - 562 105.

…RESPONDENTS

(BY SRI.T.NARAYANASWAMY, ADVOCATE FOR R4;

R3, R8, R9, R10, R11 - SERVED;

VIDE ORDER DATED 15.07.2022, NOTICE TO

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RFA No. 1850 of 2012

R5 IS DISPENSED WITH;

R7(A) - SERVED;

R7(B AND C) - MINOR;

VIDE ORDER DATED 23.01.2023, R1 IS

DECEASED APPELLANT - 1 TREATED AS LRS;

VIDE ORDER DATED 23.01.2023 R2 IS DECEASED, R3, R6

TO R9 ARE THE LRS.

THIS RFA IS FILED U/SEC.96, R/W, O-41, RULE-1 OF

CPC,

AGAINST

THE