Dismissed¶44

Sri Basavanaika @ v. Sri Basavaiah

Karnataka HC29 Jul 2025RFA/716/2013

Case brief

AI extract

What is this about?

High Court of Karnataka at Bengaluru; RFA No. 716 of 2013 (PAR) under S.96 CPC; challenged judgment and decree dated 02.01.2013 in OS No.53/2007 of Prl. Judge Court of Small Causes / Senior Civil Judge, Mysore, partly decreeing suit for partition and separate possession. Appellants: Basavanaika @ Joganaika, Papanika, Ravishankar (counsel Narendra D.V. Gowda, absent). Respondents: Basavaiah, Lakshmamma, Manjunatha, Nagaraju (dead) represented by LRs Geetha, Jayalakshmi, Pallavi, Kumari (counsel Girish K.V.), Nagamma (appeal against her dismissed 05.12.2023). Decided 29.07.2025: appeal dismissed for non-prosecution; no merits decided. Coram: Jayant Banerji and Umesh M Adiga, JJ. NC: 2025:KHC:29117-DB.

What did the court decide?

The appeal is dismissed for non-prosecution, none having appeared to press it when the list was revised. ¶43

Sri Basavanaika @ Vs Sri Basavaiah — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:29117-DB RFA No. 716 of 2013

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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 29^TH DAY OF JULY, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE JAYANT BANERJI AND

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THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 716 OF 2013 (PAR)

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BETWEEN:

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SRI. BASAVANAIKA @ JOGANAIKA S/O JOGANAIKA AGED ABOUT 71 YEARS

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SRI. PAPANAIKA S/O JOGANAIKA AGED ABOUT 66 YEARS

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Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA

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BOTH ARE R/AT DOOR NO.998, 3RD CROSS, PANCHAYATHKATTE ROAD, DHANAGALLI VILLAGE, JAYAPURA HOBLI MYSORE - 570 016.

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SRI. RAVISHANKAR S/O M. PUTTASWAMY AGED ABOUT 51 YEARS R/AT D.NO.F-14, SUEZ-FARM ROAD, KILLE MOHALLA. MYSORE - 570 008.

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…APPELLANTS

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(BY SRI. NARENDRA D.V. GOWDA, ADVOCATE (ABSENT))

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2 - NC: 2025:KHC:29117-DB RFA No. 716 of 2013

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HC-KAR

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AND:

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SRI. BASAVAIAH S/O LATE BASAVAIAH AGED ABOUT 71 YEARS, R/AT D.NO.9243, 4TH CROSS, SUNNADAKERI, K.R. MOHALLA MYSORE - 570 001.

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SMT. LAKSHMAMMA W/O LATE NAGARAJU AGED ABOUT 51 YEARS RA/T D.NO.812, 4TH CROSS, SUNNADAKERI, K.R. MOHALLA MYSORE - 570 001.

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SRI. MANJUNATHA S/O LATE NAGARAJU AGED ABOUT 36 YEARS

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NAGARAJU (DEAD) REPRESENTED BY HIS LEGAL REPRESENTATIVES

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4(A). GEETHA

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W/O LATE NAGARAJU AGED ABOUT 31 YEARS

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4(B). JAYALAKSHMI D/O LATE NAGARAJU AGED ABOUT 13 YEARS

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4(C). PALLAVI D/O LATE NAGARAJU AGED ABOUT 10 YEARS

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3 - NC: 2025:KHC:29117-DB RFA No. 716 of 2013

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HC-KAR

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4(A) TO 4(C) ARE MINORS REPRESENTED BY THEIR MOTHER GEETA i.e. 4(A) RESPONDENT ALL R/AT KENCHALAGUDU, JAYAPURA HOBLI, MYSORE TALUK - 570 016.

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KUMARI W/O SURESHA AGED ABOUT 31 YEARS

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RESPONDENT NO.3 AND 5 ARE R/AT D.NO.689/B, 3RD CROSS, JAYANAGAR, MYSORE.

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SMT. NAGAMMA, W/O KRISHNAPPA, AGED ABOUT 61 YEARS, R/AT NO.884, 3^RD CROSS, SUNNADAKERI, K.R. MOHALLA, MYSORE - 570 001.

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…RESPONDENTS

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(R1, R2, R3 AND R4(A) ARE SERVED AND UNREPRESENTED; R4(B AND c) ARE MINORS REPRESENTED BY R4(A) GIRISH K.V, ADVOCATE FOR R5; VIDE ORDER DATED 05.12.2023 APPEAL AGAINST R6 IS DISMISSED)

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THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 02.01.2013 PASSED IN OS NO.53/2007 ON THE FILE OF THE PRL. JUDGE COURT OF SMALL CAUSES, SENIOR CIVIL JUDGE, MYSORE, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

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