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Smt Kamalamma Vs Smt Ramakka — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
Smt Kamalamma Vs Smt RamakkaSmt Kamalamma v. Smt Ramakka

Dismissed¶¶38

Smt Kamalamma v. Smt Ramakka

Karnataka HC15 Sept 2025RFA/1720/2020

Case brief

AI extract

What is this about?

RFA No.1720/2020, High Court of Karnataka (Anu Sivaraman & Rajesh Rai K JJ.), decided 15-09-2025: appeal under S.96 CPC against decree dated 02.03.2020 in OS No.2621/2014 (III Addl. City Civil & Sessions Judge, Bengaluru, CCH-25) dismissing suit for declaration, possession, mesne profits, direction and perpetual injunction; appeal dismissed for non-prosecution as office objections not complied with, in view of Court's order dated 01.02.2024; parties: Kamalamma (POA holder V. Babu) v. LRs of Ramakka (Venkatesh, Shiva, Munikrishni, Kirshna), BBMP Deputy Commissioner Byatarayanapura, Executive Officer Bengaluru East Taluk Panchayath, Tahsildar Krishnarajapuram, Secretary East & South Taluk Co-operative Bank; no merits adjudicated, no cases cited, no quantum.

What did the court decide?

Office objections in the appeal had not been complied with till the date of the order, and the Court proceeded in view of its own order dated 01.02.2024.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the Regular First Appeal, in which office objections remained uncomplied with, should be dismissed for non-prosecution in view of this Court's order dated 01.02.2024.

Court's answer

Office objections in the appeal had not been complied with till the date of the order, and the Court proceeded in view of its own order dated 01.02.2024.

Ratio / Principle

The Regular First Appeal stands dismissed for non-prosecution.

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (Division Bench: Anu Sivaraman and Rajesh Rai K, JJ.; oral judgment per Rajesh Rai K, J.), 15.09.2025 — RFA No.1720 of 2020 (DEC/INJ) under Section 96 CPC, 1908, filed by Smt. Kamalamma (through her power-of-attorney holder) against the judgment and decree dated 02.03.2020 of the III Additional City Civil and Sessions Judge, Bengaluru City (CCH No.25) in OS No.2621/2014, whereby her suit for declaration, possession, mesne profits, direction and perpetual injunction against the legal representatives of the deceased respondent Smt. Ramakka and statutory/co-operative bodies (BBMP Deputy Commissioner, Taluk Panchayath Executive Officer, Tahsildar, Co-operative Bank Secretary) was dismissed. Office objections in the appeal having remained uncomplied with till the date of hearing, and in view of the Court's order dated 01.02.2024, the appeal was dismissed for non-prosecution. No issue on the merits of the dispute was framed or adjudicated; no precedent value on the underlying property claim arises from this order.

A

1 -

NC: 2025:KHC:36888-DB RFA No. 1720 of 2020

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND

THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1720 OF 2020 (DEC/INJ)

BETWEEN:

SMT. KAMALAMMA W/O LATE VERADAPPA G.R AGED ABOUT 69 YEARS R/AT NO.69/80, 8TH MAIN 3RD BLOCK, 3RD STAGE SANEGURAVNAHALLI BASVESHWARANAGAR BENGALURU - 560 079 REPRESENTED BY HER POWER OF ATTORNEY HOLDER SRI. V. BABU S/O LATE G.R. VARADAPPA AGED ABOUT 46 YEARS.

Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

…APPELLANT

(BY SRI NANJUNDARADHYA B.G., ADV. -(ABSENT))

AND:

SMT. RAMAKKA W/O LATE G.R. SHANKARAPPA SINCE DEAD BY HER LRS

SRI VENKATESH S S/O G.R. SHANKARAPPA AND LATE RAMAKKA AGED ABOUT 61 YEARS R/AT NO.256, NEAR GANEHSA TEMPLE

2 -

NC: 2025:KHC:36888-DB RFA No. 1720 of 2020

HC-KAR

BEGUBD ROOPA TENT HOUSE K NARAYAPURA CIRCLE K NARAYANAPURA K R PURAM HOBLI BENGALURU EAST TALUK BENGALURU - 560 077.

SRI SHIVA S/O LATE G R SHANKARAPPA AND LATE RAMAKKA AGED ABOUT 55 YEARS R/AT NO. 173, LBS NAGAR K NARAYANAPURA KOTHNUR POST K R PURAM HOBLI BENGALURU EAST TALUK BENGALURU - 560 077.

SMT. MUNIKRISHNI D/O LATE G R SHANKARAPPA AND LATE RAMAKKA AGED ABOUT 53 YEARS R/AT NO. 173,

LAL BAHADUR SHASTRI NAGAR K NARAYANAPURA KOTHNUR POST K R PURAM HOBLI BENGALURU EAST TALUK BENGALURU - 560 077.

SRI KIRSHNA S/O LATE G R SHANKARAPPA AGED ABOUT 63 YEARS R/AT NO. 173, K NARAYANAPURA K R PURAM HOBLI BENGALURU EAST TALUK BENGALURU - 560 077.

DEPUTY COMMISSIONER BYTAERAYANAPURA DIVISION BBMP, BENGALURU - 560 092.

3 - NC: 2025:KHC:36888-DB RFA No. 1720 of 2020

HC-KAR

THE EXECUTIVE OFFICER BENGALURU EAST TALUK PANCHAYATH KRISHNA RAJAPURAM BANGALURU - 560 036.

THE TAHSILDAR KRISHNARAJPURAM BENGTALURU EAST TALUK BENGALURU - 560 036.

THE SECRETARY EAST AND SOUTH TALUK AGRICULTURAL AND VILLAGE DEVELOPMENT CO-OPERATIVE BANK LTD, BENGALURU SOUTH TALUK NO.54/10 KANAKAPURA MAIN ROAD BANASHANKARI BENGALURU - 560 078.

…RESPONDENTS

THIS RFA IS FILED UNDER SECTION 96 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 02.03.2020 PASSED IN OS No.2621/2014 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH No.25) DISMISSING THE SUIT FOR DECLARATION, POSSESSION, MESNE PROFITS, DIRECTION AND PERPETUAL INJUNCTION.

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

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K

4 -

NC: 2025:KHC:36888-DB RFA No. 1720 of 2020

HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE RAJESH RAI K)

Till today, office objections are not complied with. Therefore, in view of the order dated 01.02.2024 passed by this

Court, appeal stands dismissed for non-prosecution .

Sd/(ANU SIVARAMAN)

JUDGE

Sd/(RAJESH RAI K) JUDGE

RAK

List No.: 4 Sl No.: 16

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Regular First Appeal, in which office objections remained uncomplied with, should be dismissed for non-prosecution in view of this Court's order dated 01.02.2024.medium confidence¶¶37
The court held
Office objections in the appeal had not been complied with till the date of the order, and the Court proceeded in view of its own order dated 01.02.2024.ratio¶¶37

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure, 1908Section 96¶¶29

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 02.03.2020 in OS No.2621/2014 dismissing the plaintiff's suit for declaration, possession, mesne profits, direction and perpetual injunction.¶¶29
III Additional City Civil and Sessions Judge, Bengaluru City (CCH No.25) · 2020-03-02
Prior proceeding
Trial court disposed of OS No.2621/2014 by dismissing the suit for declaration, possession, mesne profits, direction and perpetual injunction.¶¶29
Prior proceeding
In the pending appeal, office objections remained uncomplied with; the Court referred to its own earlier order dated 01.02.2024 as the basis for dismissal.¶¶37

Parties & counsel

AI extract

appellant
Smt. Kamalamma W/o Late Veradappa G.R, aged about 69 years, represented by her Power of Attorney holder Sri V. Babu¶¶7
Sri Nanjundaradhya B.G.
respondent
Smt. Ramakka W/o Late G.R. Shankarappa (original respondent, since dead, represented by her LRs)¶¶12
respondent
Sri Venkatesh S S/o G.R. Shankarappa and Late Ramakka, aged about 61 years (LR of deceased respondent)¶¶13
respondent
Sri Shiva S/o Late G R Shankarappa and Late Ramakka, aged about 55 years (LR of deceased respondent)¶¶18
respondent
Smt. Munikrishni D/o Late G R Shankarappa and Late Ramakka, aged about 53 years (LR of deceased respondent)¶¶19
respondent
Sri Kirshna S/o Late G R Shankarappa, aged about 63 years (LR of deceased respondent)¶¶21
respondent
Deputy Commissioner, Bytaerayanapura Division, BBMP, Bengaluru - 560 092¶¶22
respondent
The Executive Officer, Bengaluru East Taluk Panchayath, Krishna Rajapuram, Bangaluru - 560 036¶¶25
respondent
The Tahsildar, Krishnarajapuram, Bengtaluru East Taluk, Bengaluru - 560 036¶¶26
respondent
The Secretary, East and South Taluk Agricultural and Village Development Co-operative Bank Ltd, Bengaluru South Taluk¶¶27

Coram

AI extract

Anu Sivaramanmember¶¶31
Rajesh Rai Kauthor¶¶36

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 15 Sept 2025 · September
Registered: 9 Dec 2020
Case no.: RFA/1720/2020
CNR: KAHC010291202020
Bench: Anu Sivaraman Rajesh Rai K
Disposal: Dismissed for Non-Prosecution
Case type: Regular First Appeal (DEC/INJ)

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Cite this judgement

Smt Kamalamma v. Smt Ramakka, RFA/1720/2020 (KA), decided on 15 September 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure, 1908Section 96

View all statutes

Procedural history3

Judgment and decree dated 02.03.2020 in OS No.2621/2014 dismissing the plaintiff's suit for declaration, possession, mesne profits, direction and perpetual injunction.III Additional City Civil and Sessions Judge, Bengaluru City (CCH No.25) · 2020-03-02
Trial court disposed of OS No.2621/2014 by dismissing the suit for declaration, possession, mesne profits, direction and perpetual injunction.
In the pending appeal, office objections remained uncomplied with; the Court referred to its own earlier order dated 01.02.2024 as the basis for dismissal.

View full history

Bench / Coram

Anu Sivaraman and Rajesh Rai K

Parties & counsel