Dismissed¶58

Smt Anusuya T v. Shivalingaiah

Karnataka HC6 Aug 2025RSA/1122/2013

Case brief

AI extract

What is this about?

NC: 2025:KHC:30646 | High Court of Karnataka at Bengaluru | RSA No. 1122 of 2013 (Par) | Section 100 CPC | dismissed for non-prosecution | none appeared for appellant | decided 06-08-2025 by Justice Anant Ramanath Hegde | impugned: judgment and decree dtd 31.10.2012 in R.A.No.28/2012 (Fast Track Court-IV, Bangalore Rural District) allowing the first appeal and setting aside judgment and decree dtd 2.11.2011 in O.S.No.422/03 (Principal Senior Civil Judge, Bangalore Rural District) | R1-R3 deleted; R6 appeal abated vide court order dt.12.03.2019 | purely procedural disposal; no merits adjudicated; no precedents cited.

What did the court decide?

Since none appeared on behalf of the appellant when the appeal came on for orders, the Regular Second Appeal was dismissed for non-prosecution. No issue on merits was considered or decided. ¶58

Smt Anusuya T Vs Shivalingaiah — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:30646 RSA No. 1122 of 2013

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 1122 OF 2013 (PAR)

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BETWEEN:

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SMT ANUSUYA T D/O THIPPARAIAH AGED ABOUT 45 YEARS R/AT NO. 11, 1ST CROSS BYRAHANUMAIAH BADAVANE NEAR MOTOR GARAGE VIJAYANAGAR II STAGE ATTIGUPPE BANGALORE-40

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SINCE DEAD BY HIS LR

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Digitally signed by C HONNUR SAB

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Location: HIGH COURT OF KARNATAKA

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PRAVEENKUMAR.K S/O LATE V.C.KRISHNASWAMI AND LATE ANUSUYA T AGED ABLOUT 25 YEARS, RESIDING AT NO.11, 1^ST CROSS, BYRAHANUMAIAH COMPOUND, BCC LAYOUT, VIJAYANAGARA 2^ND STAGE, ATTIGUPPE, BANGALORE- 560040.

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…APPELLANT

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(BY SRI. RATHAN S., ADVOCATE)

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2 - NC: 2025:KHC:30646 RSA No. 1122 of 2013

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HC-KAR

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AND:

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SHIVALINGAIAH S/O LATE MARIDALAIAH AGED ABOUT 79 YEARS

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DEVAPPA S/O CHIKKAPUTTAIAH AGED ABOUT 78 YEARS

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DESHAPPA S/O CHIKKAPUTTAIAH AGED MAJOR

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R1 TO 3 R/AT RAVGODLU VILLAGE, KANAKAPURA RAOD BALARI POST UTTARAHALLI HOBLI BANGALORE SOUTH TALUK BANGALORE-62

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(SINCE DELETED VIDE ORDER DATED 3.8.2023)

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VIJAYA D/O THIPPARAIAH AGED ABOUT 54 YEARS R/AT NO.11, 1ST CROSS BYARAHANUMAIAH BADAWANE NEAR MOTOR GARAGE VIJAYANAGAR II STAGE ATTIGUPPE, BANGALORE-40

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T. LALITHA D/O THIPPARAIAH W/O JAYARAM AGED MAJOR R/A MARAYANAHALLI, HOSUR POST RAMANGARAM TALUK BIDABI HOBLI, BANGALORE RURAL DISTRICT

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3 - NC: 2025:KHC:30646 RSA No. 1122 of 2013

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HC-KAR

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6. VANITHA

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D/O THIPPARAIAH W/O JAYARAM, MAJOR, R/AT MARAYANAHALLI, HOSUR POST, RAMANAGARAM TALUK, BIDADI HOBLI, BANGALORE RURAL DISTRICT

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SUMITHRA

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D/O THIPPARAIAH W/O RAJ HARIKERE AGED ABOUT 40 YEARS R/A MARALAWADI POST KANAKAPURA TALUK BANGALORE RURAL DISTRICT BANGALORE

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T. SRINIVAS

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S/O THIPPARAIAH AGED ABOUT 54 YEARS R/AT RAVGODLU VILLAGE KANAKAPURA ROAD UTTARAHALLI HOBLI BANGALORE-62 SINCE DEAD BY HIS LRS

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8(1). PREMA

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W/O SRINIVAS

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AGED 48 YEARS

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8(2). BHAVYA D/O SRINIVAS

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AGED 28 YEARS

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8(3). DIVYA D/O SRINIVAS AGED 26 YEARS

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8(4). PAWAN S/O SRINIVAS

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AGED 24 YEARS.

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NC: 2025:KHC:30646 RSA No. 1122 of 2013

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HC-KAR

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RESPONDENT NO.8(1) TO 8(4) ALL ARE R/AT NO.87, SAGAR SIRI APARTMENT, 6^TH CROSS, MARUTHI LAYOUT, VASANTHPURA, WARD NO.197 BANGALORE- 560067.

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VINAY KUMAR.J S/O LATE T.VANAJA AGED ABOUT 32 YEARS R/AT No.28, MANAGANAHALLI HOSUR POST, BIDADI HOBLI RAMANAGARA TALUK & DISTRICT-562109.

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(BY SRI. T DEVAIAIAH FOR ADV. R1, SRI D.JAYARAMAIAH ADV. FOR R2 & R3, SRI HARSHA KUMAR GOWDA H.R ADV. FOR IMPLEADING R4 (A& B) & R5 (A & B) & R7,

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R6- APPEAL ABATED V.C.O.DT.12.03.2019, SRI RANJANKUMAR.K ADV. FOR R8 (1) TO (4),

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SRI K.N.SUBBA REDDY ADV. FOR PROPOSED IMPLEADING R9 AND FOR IMPLEADING PROPOSED R5(C) R1 TO R3 DELETED V.C.O.DT.03.08.2022.

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…RESPONDENTS

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THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 31.10.2012 PASSED IN R.A.NO.28/2012 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-IV, BANGALORE RURAL DISTRICT, BANGALORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 2.11.2011 PASSED IN OS.NO.422/03 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE.

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

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NC: 2025:KHC:30646 RSA No. 1122 of 2013

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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ORAL JUDGMENT

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