Disposed¶39

Shekhappa S/O Kallappa Markalli v. Kallappa S/O Shiddappa Markalli

Karnataka HC8 Oct 2025RSA/100860/2015

Case brief

AI extract

What is this about?

Karnataka High Court, Dharwad; RSA No.100860 of 2015 (PAR); Justice C M Joshi; decision dated 08.10.2025; abatement of appeal; abatement in entirety; partition and separate possession suit; appeal against defendants No.1 and 2 abated by order dated 20.08.2024; Section 100 r/w Order 41 Rule 1 CPC; O.S.No.89/2007; R.A.No.36/2012; Hirekerur courts; no adjudication on merits.

What did the court decide?

The Regular Second Appeal was held not to survive and stands abated in its entirety, consequent upon the earlier abatement of the appeal against Appellants No.1 and 2 by order dated 20.08.2024. ¶39

Shekhappa S/O Kallappa Markalli Vs Kallappa S/O Shiddappa Markalli — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC-D:13646 RSA No. 100860 of 2015

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

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DATED THIS THE 8^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE C M JOSHI

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REGULAR SECOND APPEAL NO. 100860 OF 2015 (PAR)

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BETWEEN:

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SHEKHAPPA S/O KALLAPPA MARKALLI, AGED ABOUT 75 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110.

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KALLAPPA S/O. KALLAPPA MARKALLI, AGED ABOUT 73 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110.

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KAREGOUDA S/O. CHANABASAPPA MARKALLI, AGED ABOUT 52 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110.

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YASHAVANT NARAYANKAR

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Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.09 10:03:00 +0530

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CHANDRAPPA S/O. CHANNABASAPPA MARKALLI, AGED ABOUT 50 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110.

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(BY SRI. S.G. KADADAKATTI, ADVOCATE)

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…APPELLANTS

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AND:

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KALLAPPA S/O. SHIDDALINGAPPA MARKALLI, AGED ABOUT 72 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110.

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BHARAMAGOUDA S/O. SHIDLINGAPPA MARKALLI, AGED ABOUT 67 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110.

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NC: 2025:KHC-D:13646 RSA No. 100860 of 2015

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HC-KAR

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MAHADEVAPPA S/O SHIDLINGAPPA MARKALLI, AGED ABOUT 69 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110.

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KALLANAGOUDA S/O BHARAMAGOUDA MARKALLI, AGED ABOUT 57 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110.

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SUBHAS S/O KALLAPPA MARKALLI, AGED ABOUT 51 YEARS, OCC. AGRICULTURE, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110.

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PREMILA W/O RAJAPPA CHIKKAMAGADI, AGED ABOUT 54 YEARS, OCC. HOUSE MAKER, R/O. MUGALAKOPPA, TQ. SHIKARIPUR, DIST. SHIVAMOGGA-577427.

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SUSHILA W/O GADIGEPPA KAVALERA, AGED ABOUT 54 YEARS, OCC. HOUSEMAKER, R/O. CHANNALLI, TQ. HIREKERUR, DIST. HAVERI-581110.

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SHANTA W/O BASAVARAJ BARKI, AGED ABOUT 44 YEARS, OCC. HOUSE MAKER, R/O. DUDIHALLI, TQ. HIREKERUR, DIST. HAVERI-581110.

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…RESPONDENTS

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(BY SRI. LINGESH V. KATTEMANE, ADVOCATE)

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THIS RSA IS FILED UNDER SECTION 100 R/W. ORDER 41 RULE 1 OF CPC, PRAYING TO CALL FOR RECORDS AND TO SET ASIDE THE JUDGMENT AND DECREE DATED 21.07.2015 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC., HIREKERUR, IN RA.NO.36/2012 AND THE JUDGMENT AND DECREE DATED 29.06.2012 PASSED BY THE COURT OF CIVIL JUDGE AND JMFC, HIREKERUR, IN O.S.NO.89/2007 AND TO DISMISS THE SUIT BY ALLOWING THIS APPEAL AND ETC.

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THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:13646 RSA No. 100860 of 2015

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HC-KAR

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE C M JOSHI)

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It is noticed by this Court that by order dated 20.08.2024, the appeal against the appellants No.1 and 2 has abated.

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The suit being one for partition and separate possession, after the abatement of the appeal as against the appellants No.1 and 2, the cause of action would not survive to continue the appeal in any way. The appellants No.1 and 2 were defendants No.1 and 2 before the Trial Court. Therefore, the appeal does not survive and hence, it abates in entirety.

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SD/(C M JOSHI) JUDGE

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RKM Ct:pa LIST NO.: 1 SL NO.: 29

Shekhappa S/O Kallappa Markalli v. Kallappa S/O Shiddappa Markalli

Case brief

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Shekhappa S/O Kallappa Markalli v. Kallappa S/O Shiddappa Markalli

Case brief

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