Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REGULAR SECOND APPEAL NO. 1235 OF 2008 (DEC) BETWEEN:
1. CHIKKANNA S/O KATAPPA AGE 51 YEARS,
2. K THIMMANNA S/O KATAPPA 46 YEARS, BOTH ARE RESIDING AT PILLAHALLI VILLAGE, PARASUMRAPURA HOBLI, CHALLAKERE TALUK- 577 522 …APPELLANTS (BY SRI. G BALAKRISHNA SHASTRY., ADVOCATE- ABSENT) Digitally AND: signed by CHAITHANYA K 1. RANGADASAPPA S/O NETAPALLAPPA, Location: SINCE DEAD BY HIS LRS HIGH COURT OF KARNATAKA (A) RANGAMMA 56 YEARS
(B) RANGANNA 51 YEARS
(C) RAMANNA 46 YEARS
(A) IS THE DAUGHTER, (B) AND (C) ARE -2- THE SONS OF LATE RANGADASAPPA ALL ARE RESIDENTS OF PILLAHALLI VILLAGE CHALLAKERE TALUK- 577522.
(D) GANGAMMA W/O MARAPPA D/O LATE RANGADASAPAP 39 YEARS, AGRICULTURIST, R/O NAGAPPANAHALLI VILLAGE, KALYANADURGA TALUK, ANANTHAPURA DIST A P 50001
(E) HANUMAKKA D/O LATE RANGADASAPPA 41 YEARS, AGRICULTURIST R/O KANDENAHALLI VILLAGE HIRIYUR TALUK 572144
(F) H LAKSHMI D/O LATE RANGADASAPPA 36 YEARS,AGRICULTURIST R/O BASAVANAHALLI VILLAGE MADAKASIRA TALUK AP STATE
2. ANJANAPPA S/O RANGADASAPPA 66 YEARS
3. RANGAPPA S/O RANGADASAPPA 41 YEARS
4. HANUMAKKA 46 YEARS
5. CHINNA ELLAPPA S/O GOVINDAPPA 71 YEARS, SINCE DEAD BY LRS -3-
(A) HANUMAKKA 66 YEARS, AS PER THE ORDER OF THE COURT R5(A) DIED, HENCE R(B) TO R(D) TREATED AS LRS OF THE DECEASED 5(A) 5(B) HANUMANTHAPPA 36 YEARS
(C) GOVINDAPPA 34 YEARS
(D) THIPPESHI 32 YEARS
5(A) IS THE WIFE, 5(B) TO 5(D) ARE THE SONS OF CHINNAYELLAPPA ALL ARE AGRICULTURISTS, R/AT PILLAHALLI VILLAGE, P R PURA HOBLI, CHALLAKERE TALUK CHITRADURGA DIST- 577522
(E) PUTTARANGAMMA W/O VENKATESHAPPA D/O LATE CHINNA YELLAPPA MAJOR, AGRICULTURIST R/O MUSTIGARAHALLI VILLAGE SIRA TALUK, TUMKUR DIST 572101
(F) ANASUYAMMA W/O HANUMANTHARAYAPPA D/O CHINNA YELLAPPA MAJOR, AGRICULTURIST R/O BASAVANAHALLI, MADAKASIRA TALUK, ANANTHAPURA DISTRICT 500001
(G) GANGALAKSHMAMMA W/O UMESH AND D/O LATE CHINNAYELLAPPA -4- MAJOR, AGRICULTURIST, R/O CHINNAIAHNAHATTI VILLAGE CHITRADURGA TALUK 577 501
6. ERANNA S/O GOVINDAPPA 61 YEARS,
7. RANGASWAMY S/O GAMAPPA 41 YEARS, ALL ARE AGRICULTURISTS, R/O PILLAHALLI VILLAGE PARASHURAM PURA HOBLI, CHALLAKERE TALUK 577522 …RESPONDENTS (BY SRI. H.K.RAVI, ADVOCATE FOR R1(B,C) AND R2;
SRI. N.G.SREEDHAR, ADVOCATE FOR R5(B-D) AND R7; R6- NOTICE H/S V/O DTD 16/07/12; R1(F) AND R5(G)- NOTICE D/W V/O DTD 21.08.14; R1(D), R5(E), R5(F) ARE SD; R4- NOTICE H/S V/O DTD 04/09/15; R1- APPEAL ABATED V/O DTD 18/07/18; R3 AND R5(A)- APPEAL ABATED V/O DTD 05/09/18; R5(B-D) ARE LRS OF R5(A); R1(E)- APPEAL ABATED V/O DTD 20.03.19) THIS RSA IS FILED U/S 100 OF CPC AGAINST THE
JUDGEMENT AND DECREE DATED 12.02.2008 PASSED IN
RA.NO.411/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) CHALLAKERE, DISMISSING THE APPEAL AND CONFIRMING THE
JUDGEMENT AND DECREE DATED 30.11.2002 PASSED IN
OS.NO.1707/1994 ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN.) CHALLAKERE. THIS APPEAL, COMING ON FOR FINAL HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN -5-
ORAL JUDGMENT
Learned counsel for the appellants is absent. The appeal is of the year 2008. It appears that the appellants are not interesting in prosecuting the appeal. The appeal is accordingly dismissed for non-prosecution. Sd/- (M.I.ARUN) JUDGE CH List No.: 2 Sl No.: 1