In the High Court of Karnataka at Bangalore Dated This the 4Th Day Of

R.S.A.No.328/2011 -1-

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 4TH DAY OF MARCH 2013

BEFORE

THE HON’BLE MR. JUSTICE H.G.RAMESH

R.S.A.No.328/2011

BETWEEN:

ARALIMARADA BASAVARAJAPPA SINCE DEAD BY HIS LR

A.CHANNABASAPPA, S/O A.BASAVARAJAPPA AGED ABOUT 59 YEARS, R/O HITHALA VILLAGE SHIKARIPURA TQ. NOW RESIDING AT BASAVESHWARA NILAYA SHANTHINAGAR, III CROSS SHIKARIPURA DISTRICT & TALUK SHIMOGA DISTRICT – 577 427 … APPELLANT

(BY SRI E.THIRTHAPPA, ADVOCATE)

AND:

1. ARALIMARADA REVAPPA S/O LATE MALLAPPA (THOUGH DEAD LRs ARE NOT BROUGHT ON RECORD) R/O HITHALA VILLAGE SHIKARIPUR TALUK SHIMOGA DISTRICT – 577 427

2. ARALIMARADA DYAVAPPA SINCE DEAD BY HIS LRs

2(a) SMT.ARALIMARADA LALITHAMMA SECOND WIFE OF DYAVAPPA AGED MAJOR R/O HITHALA VILLAGE TALUK SHIKARIPURA DISTRICT SHIMOGA – 577 214

R.S.A.No.328/2011 -2-

2(b) ARALIMARADA MALLAPPA S/O LATE DYAVAPPA AGE MAJOR, AGRICULTURIST R/O HITHALA VILLAGE TALUK SHIKARIPURA DISTRICT SHIMOGA – 577 214

2(c) SMT.HALAMMA D/O LATE DYAVAPPA W/O NAGARAJAPPA MAJOR, R/O DAVANAGERE C/O ARALIMARADA THOTAPPA HITHALA VILLAGE SHIKARIPURA TALUK SHIMOGA DISTRICT – 577 214

2(d) ARALIMARADA THOTAPPA S/O LATE DYAVAPPA MAJOR, R/O HITHALA VILLAGE SHIKARIPURA TALUK SHIMOGA – DISTRICT – 577 214

2(e) ARALIMARADA RUDRAPPA S/O LATE DYAVAPPA, MAJOR R/O HITHALA VILLAGE SHIKARIPURA TALUK SHIMOGA DISTRICT – 577 214

2(f) SMT.NIRMALA D/O LATE DYAVAPPA W/O MALIKARJUNAPPA MAJOR, R/O MANCHIKOPPA VILLAGE, SHIKARIPURA TALUK SHIMOGA DISTRICT – 577 427

2(g) SMT. PARVATHAMMA D/O LATE DYAVAPPA W/O HALESHAPPA R/O THIPPAKOPPA VILLAGE HIREKERUR TALUK MAVERI DISTRICT – 581 111

2(h) ARALIMARADA BASAPPAIAH S/O LATE DYAVAPPA MAJOR, R/O HITHALA VILLAGE SHIKARIPURA (TALUK) SHIMOGA DISTRICT – 577 214 R.S.A.No.328/2011 -3-

3. ARALIMARADA MALLAPPA S/O DYAVAPPA AGED ABOUT 40 YEARS R/O HITHALA VILLAGE SHIKARIPURA TALUK NOW WORKING AS PEON, VETERNARY DISPENSARY AT SALUR VILLAGE SHIKARIPURA TALUK SHIMOGA DISTRICT – 577 427

4. VAZNAR RAMAPPA S/O SIDDAPPA AGED ABOUT 65 YEARS AGRICULTURIST R/O ARISINAGERE VILLAGE ANJANAPURA HOBLI SHIKARIPURA TALUK SHIMOGA DISTRICT – 577 427 … RESPONDENTS

(BY SRI B.ROOPESH, ADVOCATE FOR R-3)

THIS RSA IS FILED UNDER SECTION 100 READ WITH ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.9.2010 PASSED IN R.A.ORIGINAL NO.90/2001 (NEW NO.9/2009) ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE, SAGAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED:03.04.2001 PASSED IN O.S.NO.386/1994 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) & JMFC, SHIKARIPUR.

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

J U D G M E N T

H.G.RAMESH, J. (Oral):

This appeal is listed for the fifth time for non-compliance of the office objections. I find no R.S.A.No.328/2011 -4- ground to grant further time. The appeal is accordingly dismissed.

Appeal dismissed.

Sd/- JUDGE Yn.