Dismissed¶56

Sri. Basavaraja Shastry v. the State of Karnataka

Karnataka HC24 Sept 2025RFA/1269/2017

Case brief

AI extract

What is this about?

Abatement of appeal; death of sole appellant during pendency; failure to take steps to implead legal representatives; appeal dismissed as abated. RFA No. 1269 of 2017 (RES) [NC: 2025:KHC:38503], High Court of Karnataka at Bengaluru, Ravi V Hosmani, J., 24-09-2025; arises from dismissal of suit for possession in O.S. No.03/2006, Principal Addl. District and Sessions Judge, Tumakuru, decree dated 18.03.2017; filed under Section 96 CPC 1908; earlier order dated 14.07.2023 dismissing appeal against R4 & R14 and abating it against R5, R6, R10; no merits decided; no precedent cited; no monetary award.

What did the court decide?

Since steps to bring the legal representatives of the deceased sole appellant on record were not taken in time, the appeal is dismissed as abated. ¶56

Sri. Basavaraja Shastry Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:38503 RFA No. 1269 of 2017

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR FIRST APPEAL NO. 1269 OF 2017 (RES)

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BETWEEN:

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SRI. BASAVARAJA SHASTRY @ BASAVARAJU @ BASAVAIAH, S/O LATE GANGAIAH, AGED ABOUT 81 YEARS, R/AT BALLAPURA VILLAGE, BELLAVI HOBLI, TUMKUR TALUK-572101

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…APPELLANT

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(BY SRI. SHANKAR LINGAPPA NAGARAJ.,ADVOCATE)

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AND:

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001

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THE DEPARTMENT OF ENDOWMENT BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001

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PATELA VAMSHASTHARADHA LATE SOMEGOWDAARU, RUDREGOWDARU & PATEL VEERANNA SMARAKA,

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2 - NC: 2025:KHC:38503 RFA No. 1269 of 2017

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HC-KAR

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SRI SHANESHWARASWAMY DEVASTHANA TRUST, BY ITS PRESIDENT, B.V. NANJANNA S/O PATEL VEERAGOWDA, AGE MAJOR, R/O BALLAPURA VILLAGE, BELLAVI HOBLI, TUMKUR TALUK DEAD BY LRS.

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(a) SRI SOMASHEKARA,

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S/O LATE B V NANJANNA, AGED ABOUT 58 YEARS, R/AT BALLAPURA VILLAGE, BELLAVI HOBLI,

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TUMKUR TALUK-572101

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SRI SHANIMAHADEVARA JEERNODHARA SAMITHI BY ITS TRUSTEE, SIDDALINGAIAH S/O HANUMANTHAIAH, AGED ABOUT 50 YEARS, R/O AGALAKUMTE PALYA, BELLAVI HOBLI, TUMKUR TALUK-572 101

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SRI R VEERAPPA S/O RUDREGOWDA AGED ABOUT 75 YEARS.

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SRI CHANDREGOWDA S/O B.R. RAJANNA, AGED ABOUT 30 YEARS.

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SRI BUJANGE RAO S/O CHIDAMBARA RAO, AGED ABOUT 48 YEARS.

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3 - NC: 2025:KHC:38503 RFA No. 1269 of 2017

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HC-KAR

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SRI SHIVALINGAIAH S/O LAKKANNA, AGED ABOUT 60 YEARS.

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SRI MANJUNATHA S/O NOT KNOWN, AGED ABOUT 45 YEARS.

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RESPONDENTS 5 TO 8 ARE R/OF BALLAPURA VILLAGE, BELLAVI HOBLI, TUMKUR TALUK-572 101

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SMT PUTTAMMA W/O M N KALAIAH, AGED ABOUT 60 YEARS, R/AT MANIVINAKURIKE VILLAGE, NEAR THOVINAKERE, KORATAGERE TALUK-572129

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SMT RUDRAMMA W/O SIDDAVEERAIAH, AGED ABOUT 60 YEARS, SEEBI AGRAHARA, KALLAMBELLA HOBLI, TUMKUR TALUK-572 129

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THE GRAMA PANCHAYATH

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BUGUDANAHALLI, BY ITS PRESIDENT & SECRETARY, BUGUDANAHALLI VILLAGE, BELLAVI HOBLI, TUMKUR TALUK-572101

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SRI NARASIMHAMURTHY

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4 - NC: 2025:KHC:38503 RFA No. 1269 of 2017

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HC-KAR

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S/O LATE PUTTAIAH, AGED ABOUT 55 YEARS, R/AT BALLAPUR VILLAGE, BELLAVI HOBLI, TUMKUR TALUK-572101

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SRI RANGASWAMAIAH S/O LATE MURUGAIAH, AGED ABOUT 55 YEARS, R/AT BALLAPUR VILLAGE, BELLAVI HOBLI, TUMKUR TALUK-572101

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SRI RAJASHEKARAIAH S/O GANGANNA, AGED ABOUT 45 YEARS, R/O AGALAGUNTEPALYA, BELLAVI HOBLI, TUMKUR TALUK-572 101.

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…RESPONDENTS

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(BY SRI HANUMANTHARAYA LAGALI, A.G.A. FOR R1 & R2; SRI SHANMUKHAPPA, ADVOCATE FOR R3A, R8, R9 & R11;

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R7, R12 AND R13 - SERVED;

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V/O. DATED 14.07.2023 APPEAL DISMISSED AGAINST R4 & R14;

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V/O. DATED 14.07.2023 APPEAL STANDS ABATED AGAINST RESPONDENTS NO.5, 6 AND 10)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC 1908, AGAINST THE JUDGMENT AND DECREE DATED 18.03.2017 PASSED IN OS.NO.03/2006 ON THE FILE OF THE PRINCIPAL ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU., DISMISSING THE SUIT FOR POSSESSION.

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THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC:38503 RFA No. 1269 of 2017

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

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ORAL JUDGMENT

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