Karnataka High Court
Ningaiah vs S K Siddegowda on 25 February, 2020
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.M.SHYAM PRASAD
MISCELLANEOUS FIRST APPEAL NO. 9201 OF 2018 (CPC)
BETWEEN:
NINGAIAH
SON OF LATE DEVIKALEGOWDA
AGED ABOUT 75 YEARS,
RESIDENT OF B. HOSUR VILLAGE,
KERAGODU HOBLI,
MANDYA TALUK & DISTRICT - 571 446.
... APPELLANT
(BY SRI. D. S. HOSMATH., ADVOCATE (ABSENT))
AND:
1. S. K. SIDDEGOWDA
SON OF LATE KALEGOWDA
DEAD BY HIS LRS.
1(a) CHANDRASHEKARA
SON OF LATE S. K. SIDDEGOWDA,
AGED ABOUT 37 YEARS.
1(b) NAVEENA
SON OF LATE S. K. SIDDEGOWDA,
AGED ABOUT 35 YEARS.
1(c) NETHRAVATHI
DAUGHTER OF LATE S. K. SIDDEGOWDA,
AGED ABOUT 33 YEARS.
2. S K MARIGOWDA
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SON OF KALEGOWDA,
AGED ABOUT 60 YEARS.
3. S. N. NAGEGOWDA
SON OF KALEGOWDA,
AGED ABOUT 53 YEARS.
4. S. K. BASAVEGOWDA
SON OF KALEGOWDA,
AGED ABOUT 51 YEARS.
5. S. K. MAREGOWDA
SON OF KALEGOWDA
AGED ABOUT 49 YEARS.
6. S. K. KUMAR
SON OF KALEGOWDA,
AGED ABOUT 46 YEARS.
7. KRISHNEGOWDA
SON OF KALEGOWDA,
AGED ABOUT 44 YEARS.
8. SMT. SHANTHA
WIFE OF MARIYAPPA,
DAUGHTER OF KALEGOWDA,
AGED ABOUT 63 YEARS.
9. SMT. INDIRA
WIFE OF MADEGOWDA
DAUGHTER OF KALEGOWDA
AGED ABOUT 60 YEARS.
10. SMT. NAGAMMA
WIFE OF RAMEGOWDA
DAUGHTER OF KALEGOWDA
AGED ABOUT 58 YEARS.
11. CHIKKALINGAMMA
WIFE OF KALEGOWDA
DEAD BY LR'S ALREADY ON
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RECORD AS RESPONDENTS 1 TO 10.
12. KADAMMA
WIFE OF KALEGOWDA,
DEAD BY LRS ALREADY ON
RECORD AS RESPONDENTS 1 TO 10.
RESPONDENT'S NO.1 TO 10 ARE
RESIDENT OF SHAMBUNAHALLI VILLAGE,
DUDDA HOBLI,
MANDYA TALUK & DISTRICT - 571 405.
13. CHIKKAVALU
WIFE OF SIDDEGOWDA,
DEAD BY LR'S.
13(a) SIDDEGOWDA,
WIFE OF CHIKKAVALU
AGED ABOUT 77 YEARS.
13(b) VENKATESH
SON OF SIDDEGOWDA & LATE CHIKKAVALU,
AGED ABOUT 52 YEARS.
13(c) MAHESHA
SON OF SIDDEGOWDA & LATE CHIKKAVALU,
AGED ABOUT 50 YEARS.
13(d) RAVI
SON OF SIDDEGOWDA & LATE CHIKKAVALU,
AGED ABOUT 48 YEARS.
14. PRAPHULLA
WIFE OF BOREGOWDA,
AGED ABOUT 57 YEARS,
RESIDENT OF JEEGUNDIPATNA VILLAGE,
KERAGODU HOBLI,
MANDYA TALUK & DISTRICT - 571 446.
15. RENUKA
WIFE OF SOMALINGEGOWDA,
DAUGHTER OF LATE KALEGOWDA,
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AGED ABOUT 48 YEARS,
RESIDENT OF MODACHAKANAHALLI VILLAGE,
DUDDA HOBLI,
MANDYA TALUK & DISTRICT - 571 405.
16. S. K. BOREGOWDA
SON OF KALEGOWDA,
AGED ABOUT 63 YEARS.
RESIDENT OF SHAMBUNAHALLI VILLAGE,
DUDDA HOBLI,
MANDYA TALUK AND DISTRICT - 571 405.
17. S. K. KALEGOWDA
SON OF KALEGOWDA,
AGED ABOUT 61 YEARS,
(DEAD)
18. BASAVAIAH
SON OF DOLLAPPA,
AGED ABOUT 88 YEARS.
19. KARISHETTY
SON OF KARIYAIAH,
AGED ABOUT 65 YEARS.
RESPONDENT'S NO. 18 AND 19 ARE
R/O B.HOSUR VILLAGE, KERAGODU HOBLI,
MANDYA TALUK AND DISTRICT - 571 446.
... RESPONDENTS
THIS MISCELLENEOUS FIRST APPEAL IS FILED UNDER
ORDER 43 RULE 1(T) OF CPC, AGAINST THE ORDER DATED
28.07.2018 PASSED IN MISC NO. 32/2016 ON THE FILE OF THE V
ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA,
REJECTING THE APPLICATION FILED UNDER SECTION 5 OF
LIMITATION ACT, CONSEQUENTLY DISMISSING THE PETITION
FILED UNDER ORDER 41 RULE 19 READ WITH SECTION 151 OF
CPC.
THIS MISCELLENEOUS FIRST APPEAL COMING ON FOR
ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
None appears for the appellant. This Court on 10.01.2020 had adjourned the appeal granting three weeks' time for compliance with the office objections subject to the condition that the appeal would be listed for dismissal if there is failure to comply with the office objections. Despite this peremptory order, the office objections have not been complied with. It is obvious that the concerned is not interested in prosecuting the appeal. Therefore, the appeal is dismissed for default.
SD/-
JUDGE nv CT:sr