None 477 of 2008 on 3 December 2007

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26[TH] DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

R.S.A.No.477/2008 (DEC)

BETWEEN:

1. SRI. RAMAKRISHNAPPA, DEAD BY HIS LRs DEAD BY HIS LRs

a. SRI. LAKSHAMAMMA, W/O LATE SRI. B.M.RAMAKRISHNAPPA, AGED ABOUT 48 YEARS, W/O LATE SRI. B.M.RAMAKRISHNAPPA, AGED ABOUT 48 YEARS,

b. SRI. B.R.SHIVAKUMAR, S/O LATE SRI.RAMAKRISHNAPPA, AGED ABOUT 29 YEARS, S/O LATE SRI.RAMAKRISHNAPPA, AGED ABOUT 29 YEARS,

c. SRI.R.MUNEGOWDA, S/O LATE SRI.RAMAKRISHNAPPA, AGED ABOUT 26 YEARS, S/O LATE SRI.RAMAKRISHNAPPA, AGED ABOUT 26 YEARS,

d. SMT. SUJATHA, D/O LATE SRI.RAMAKRISHNAPPA, AGED 21 YEARS, ALL RESIDING AT BESTHENAHALLI VILLAGE, HOLUR HOBLI, KOLAR TALUK – 563 101.

2. SRI. NARAYANAPPA, S/O SRI.CHIKKAMUNIYAPPA, AGED 51 YEARS S/O SRI.CHIKKAMUNIYAPPA, AGED 51 YEARS

3. SRI. VENKATARAMAPPA, S/O CRI. CHIKKAMUNIYAPPA, AGED 50 YEARS, S/O CRI. CHIKKAMUNIYAPPA, AGED 50 YEARS,

4. SRI. GANESHAPPA, S/O SRI.CHIKKAMUNIYAPPA, AGED ABOUT 47 YEARS, S/O SRI.CHIKKAMUNIYAPPA, AGED ABOUT 47 YEARS,

5. SRI. GANESHAPPA, S/O SRI. CHIKKAMUNIYAPPA, AGED ABOUT 74 YEARS, S/O SRI. CHIKKAMUNIYAPPA, AGED ABOUT 74 YEARS,

6. SRI. ERAPPA, S/O SRI. CHIKKAMUNIYAPPA, AGED MAJOR S/O SRI. CHIKKAMUNIYAPPA, AGED MAJOR

.

ALL RESIDING AT BESTHENAHALLI VILLAGA, HOLUR HOBLI, KOLAR TA;UK -563 101

… APPELLANTS

(BY SRI. G.A.SRIKANTE GOWDA, ADV.)

AND:

SRI. MUNEPPA, S/O SRI. MUNISHAMPPA GUNNERAPPA, AGED 54 YEARS, R/O PAREHOSANAHALLI VILLAGE, HOLUR HOBLI, KOLAR TALUK, PIN – 563 101.

… RESPONDENT

(SRI. S.VISHWESHWARAIAH, ADV.)

THIS APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDEMENT AND DECREE DATED:03.12.2007 PASSED IN R.A.No.196/2004 ON THE FILE OF THE PRESIDING OFFICER, FTC-III KOLAR, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED:26.10.2004 PASSED IN O.S.No.349/98 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE(JR.DN), KOLAR.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: