Karnataka High Court
RSA/100347/2023 of YALLAVVA W/O SHANKAREPPA UPPAR AND OTHERS Vs UDDAVVA W/O YALLAPPA NIPPANI AND OTHERS on 7 September 2026
HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD DATED THIS 12TH DAY OF JUNE, 2024 BEFORE HON'BLE MR. JUSTICE C.M. POONACHA RSA NO. 100347 OF 2023 BETWEEN: YALLAVVA W/O SHANKAREPPA UPPAR AGE: 64 YEARS OCCUPATION: AGRICULTURE R/O: MIRJI TALUK: MUDHOL ... APPELLANT (BY SRI. SRINIVAS B. NAIK AND
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD
DATED THIS 12TH DAY OF JUNE, 2024
BEFORE
HON'BLE MR. JUSTICE C.M. POONACHA
RSA NO. 100347 OF 2023
BETWEEN:
YALLAVVA W/O SHANKAREPPA UPPAR
AGE: 64 YEARS
OCCUPATION: AGRICULTURE
R/O: MIRJI
TALUK: MUDHOL
... APPELLANT
(BY SRI. SRINIVAS B. NAIK AND SAIKIRAN B. NAIK, ADVS. FOR APPELLANT)
AND
1.
UDDAVVA W/O YALLAPPA NIPPANI
AGE: 69 YEARS, OCCUPATION: AGRICULTURE
R/O: KONUR, TALUK: GOKAK
2.
SIDDAVVA W/O SURAPPA KAPPALAGUDDI
AGE: 64 YEARS, OCCUPATION: AGRICULTURE
R/O: HANDIGUND, TALUK: RAIBAG
3.
SAYAVVA W/O MAHADEVAPPA PUJARI
AGE: 61 YEARS, OCCUPATION: AGRICULTURE
R/O: KESARAGOPPA, TALUK: MUDHOL
4.
YAMANAPPA S/O MAHADEVAPPA PUJARI
AGE: 36 YEARS, OCCUPATION: AGRICULTURE
R/O: KESARAGOPPA, TALUK: MUDHOL
5.
PARASAPPA S/O MAHADEVAPPA PUJARI
AGE: 34 YEARS, OCCUPATION: AGRICULTURE
R/O: KESARAGOPPA, TALUK: MUDHOL
6.
NAGAPPA S/O MAHADEVAPPA PUJARI
AGE: 32 YEARS, OCCUPATION: AGRICULTURE
R/O: KESARAGOPPA, TALUK: MUDHOL
7.
BANGAREPPA S/O SABANNA BYAKOD
AGE: 74 YEARS, OCCUPATION: AGRICULTURE
R/O: KESARAGOPPA, TALUK: MUDHOL
8.
HANAMANTAPPA S/O SABANNA BYAKOD
AGE: 69 YEARS, OCCUPATION: AGRICULTURE
R/O: KESARAGOPPA, TALUK: MUDHOL
9.
BALAPPA S/O YAMANAPPA BYAKOD
AGE: 78 YEARS, OCCUPATION: AGRICULTURE
R/O: KESARAGOPPA, TALUK: MUDHOL
10.
MAHALINGAPPA S/O YAMANAPPA BYAKOD
AGE: 73 YEARS, OCCUPATION: AGRICULTURE
R/O: KESARAGOPPA, TALUK: MUDHOL
11.
SADAPPA S/O YAMANAPPA BYAKOD
AGE: 68 YEARS, OCCUPATION: AGRICULTURE
R/O: KESARAGOPPA, TALUK: MUDHOL
12.
SIDDAPPA S/O YAMANAPPA BYAKOD
AGE: 67 YEARS, OCCUPATION: AGRICULTURE
R/O: KESARAGOPPA, TALUK: MUDHOL
13.
DHAREPPA S/O YAMANAPPA BYAKOD
AGE: 63 YEARS, OCCUPATION: AGRICULTURE
R/O: KESARAGOPPA, TALUK: MUDHOL
14.
NAGAVVA W/O MAHALINGAPPA PUJERI
AGE: 76 YEARS, OCCUPATION: AGRICULTURE
R/O: AVARADI, TALUK: GOKAK
15.
SMT. LAKKAVVA W/O LAXMAN HUKKERI
SINCE DECEASED BY HER LR’S
15A. LAXMAN S/O YALLAPPA HUKKERI
AGE: 70 YEARS, OCCUPATION: AGRICULTURE
R/O: BELAGAVI, TALUK: MUDHOL
15B. BHIMAPPA S/O LAXMAN HUKKERI
AGE: 45 YEARS, OCCUPATION: AGRICULTURE
R/O: PAILWAN TOTA, KESARAKOPPA, TALUK: MUDHOL
15C. LAKKAPPA S/O LAXMAN HUKKERI
AGE: 40 YEARS, OCCUPATION: AGRICULTURE
R/O: BYAKUD TOTA, KESARAKOPPA, TALUK: MUDHOL
15D. SMT. BASAVVA W/O MUTTAPPA @
MUDAKAPPA KESARAGOPPA
AGE: 35 YEARS, OCCUPATION: HOUSEHOLD WORK
R/O: RABAKAVI (NEW PLOT), TALUK: BANAHATTI
16.
CHANDRAVVA W/O YALLAPPA JEDIYANNAVAR
AGE: 65 YEARS, OCCUPATION: AGRICULTURE
R/O: UPPAR ONI, GOKAK, TALUK: GOKAK
17.
GANAPATI S/O MUTTAPPA UPPAR
AGE: 32 YEARS, OCCUPATION: AGRICULTURE
R/O: JAGADAL, TALUK: JAMAKHANDI
18.
GOURAVVA W/O SIDDAPPA BYAKOD
AGE: 30 YEARS, OCCUPATION: AGRICULTURE
R/O: KESARAKOPPA, TALUK: MUDHOL
19.
YALLAVVA W/O HANAMANT BYAKOD
AGE: 58 YEARS, OCCUPATION: AGRICULTURE
R/O: KESARAKOPPA, TALUK: MUDHOL
...RESPONDENTS
RSA FILED UNDER SECTION 100 OF CPC, PRAYING TO, SET
ASIDE JUDGMENT AND DECREE DATED 10.02.2020 PASSED IN R.A.
NO. 94/2016 ON THE FILE OF I ADDITIONAL DISTRICT AND
SESSION JUDGE BAGALKOT SITTING AT JAMKHANDI AND
MODIFY THE JUDGMENT AND DECREE DATED 07.10.2016 PASSED
IN O.S. NO. 51/2013 ON THE FILE OF SENIOR CIVIL JUDGE, MUDHOL AND DECREE THE SUIT OF PLAINTIFF IN ITS
ENTIRETY, FOR THE RELIEF OF PARTITION AND SEPARATE
POSSESSION AWARDING SHARE IN ALL THE SUIT PROPERTIES
AND THIS APPEAL BE ALLOWED WITH COST.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING;
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O R D E R
“Although the order dated 14.03.2024 states that failure to comply with the office objections within the time stipulated will result in the dismissal of the appeal, in view of the fervent plea made by the learned counsel for the appellants, a week’s time is granted to comply with the office objections, subject to payment of cost of Rs.1,000/- to the Advocate’s Library Fund, High Court of Karnataka, Dharwad Bench, Dharwad, making it clear that if cost is not paid and the office objections are not complied with within one week, the above appeal shall automatically stand dismissed without further orders from this Court.”
SD/- JUDGE
//COPY// Note:- As per endorsement made in the order sheet dated 08.08.2024. Counsel for the appellant has not complied with the office objections at Sl. No. 1 to 10 and has not filed the cost memo a/w cost paid receipt. Hence, this RSA No. 100347/2023 stand dismissed without further orders from this Court as per the Court Order dated 12.06.2024. SD/- ASSISTANT REGISTRAR. R- By:-
C- By:-rv T- By: - cnb