Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Channappa Vs Dundyappa — Karnataka HC (2025) — LawSathi Research

Home
Karnataka HC
2025
Channappa Vs DundyappaChannappa v. Dundyappa

Dismissed¶86

Channappa v. Dundyappa

Karnataka HC18 Dec 2025RSA/1248/2016

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; RSA No. 1248 of 2016 (PAR-); Section 100 CPC; decided 18.12.2025 by Dr. K. Manmadha Rao, J. Second appeal against first appellate decree dated 30.11.2006 in R.A.No.281/2002 (Civil Judge (Sr.Dn.), Harihar), which partly allowed the appeal and modified the trial court decree dated 31.01.1996 in O.S.No.146/1991 (Munsiff & JMFC, Honnali). Disposed of without adjudication: appellants' counsel filed memo dated 18.12.2025 noting respondents' final decree proceedings FDP No.15/2015 (Addl. Civil Judge, Honnalli) were dismissed as not pressed on 13.09.2025 after settlement before village elders/mediators (respondents' withdrawal memo dated 18.08.2025); memo taken on record; appeal dismissed as withdrawn. Keywords: withdrawal of second appeal; settlement/mediation; final decree proceedings dismissed as not pressed.

What did the court decide?

Appellants permitted to withdraw the second appeal; memo dated 18.12.2025 taken on record and the regular second appeal dismissed as withdrawn.

Why is it important?

In view of the memo filed by learned counsel for the appellants (recording that the final decree proceedings in FDP No.15/2015 stood dismissed as not pressed on 13.09.2025 following settlement between the parties, so that the second appeal did not survive for consideration), the court took the memo on record and dismissed the regular second appeal as withdrawn. ¶86

What the court decided

AI extract

Outcome

Appellants permitted to withdraw the second appeal; memo dated 18.12.2025 taken on record and the regular second appeal dismissed as withdrawn.

Ratio / Principle

In view of the memo filed by learned counsel for the appellants (recording that the final decree proceedings in FDP No.15/2015 stood dismissed as not pressed on 13.09.2025 following settlement between the parties, so that the second appeal did not survive for consideration), the court took the memo on record and dismissed the regular second appeal as withdrawn.

Detailed headnote1 paragraphs

Regular Second Appeal No. 1248 of 2016 (PAR-) (High Court of Karnataka at Bengaluru, Dr. K. Manmadha Rao, J., 18.12.2025) — filed under Section 100 CPC against the judgment and decree dated 30.11.2006 in R.A.No.281/2002 (Civil Judge (Sr.Dn.), Harihar), whereby the first appellate court partly allowed the appeal and modified the judgment and decree dated 31.01.1996 in O.S.No.146/1991 (Munsiff & JMFC, Honnali). When the appeal came on for orders, learned counsel for the appellants filed a memo dated 18.12.2025 stating that the respondents had initiated final decree proceedings in FDP No.15/2015 before the Addl. Civil Judge, Honnalli; that during their pendency the parties entered into a settlement in the presence of village elders and mediators; that on the respondents' memo dated 18.08.2025 the final decree court dismissed the FDP as not pressed by order dated 13.09.2025; and that the second appeal therefore did not survive. The memo was taken on record and the appeal was dismissed as withdrawn. No substantive issue was adjudicated.

A

1 - NC: 2025:KHC:54413 RSA No. 1248 of 2016

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE DR. JUSTICE K.MANMADHA RAO

REGULAR SECOND APPEAL NO. 1248 OF 2016 (PAR-)

BETWEEN:

CHANNAPPA

SINCE DECEASED BY HIS LRS

CHANNABASAPPA S/O LATE CHANNAPPA SINCE DECEASED REPRESENTED BY HIS LRS

1(a) G C SHAMBULINGAPPA S/O LATE CHANNABASAPPA AGED ABOUT 45 YEARS

Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA

1(b) SMT. SOUBHAGYA @ GEETA W/O YELLAPPA AGED ABOUT 42 YEARS

1(c) SMT. TRIVENI W/O MANJUNATH AGED ABOUT 38 YEARS

1(d) SMT. SHASHIKALA W/O RAVI AGED ABOUT 37 YEARS

ALL ARE RESIDENT OF

ARABAGATTE POST, HONNALI TALUK,

2 - NC: 2025:KHC:54413 RSA No. 1248 of 2016

HC-KAR

DAVANAGERE DISTRICT

GURUSHANTHAPPA

S/O LATE CHANNAPPA

SINCE DECEASED, REPRESENTED BY HIS LRS

2(a) SMT. KARIBASAMMA W/O LATE GURUSHANTHAPPA,

AGED ABOUT 62 YEARS,

2(b) RAMESHAPPA

S/O LATE GURUSHANTHAPPA,

AGED ABOUT 37 YEARS,

2(c) MALLESHAPPA

S/O GURUSHANTHAPPA,

AGED ABOUT 34 YEARS,

ALL ARE RESIDENT OF

ARABAGATTA VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT

SRI NAGAPPA

SINCE DECEASED BY HIS LRS

GOWRAMMA W/O LATE NAGAPPA AGED ABOUT 51 YEARS, R/O ARABAGATTE VILLAGE, HONNALLI TALUK, DAVANAGERE DISTRICT-577001

SRI NANDEESHA S/O LATE NAGAPPA AGED ABOUT 21 YEARS, R/O ARABAGATTE VILLAGE, HONNALLI TALUK,

3 - NC: 2025:KHC:54413 RSA No. 1248 of 2016

HC-KAR

DAVANAGERE DISTRICT-577001

SRI THIRTHAPPA S/O CHANNAPPA AGED ABOUT 49 YEARS,

R/O ARABAGATTE VILLAGE, HONNALLI TALUK DAVANAGERE DISTRICT-577001

…APPELLANTS

(BY SRI NARAYAN MAYYAR, ADVOCATE FOR SRI S.R.HEGDE HUDLAMANE, ADVOCATE)

AND:

DUNDYAPPA

SINCE DECEASED BY HIS LRS

MANJAPPA

S/O DUNDAYAPPA AGED ABOUT 42 YEARS, AGRICULTURIST R/O ARABAGATEE VILLAGE, HONALI TALUK, DAVANAGERE DISTRICT NOW R/O DODDA BUDAL VILLAGE, DAVANAGERE TALUK & DISTRICT 577001

RAMAPPA

S/O DUNDYAPPA AGRICULTURIST R/O ARABAGATTE VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT NO. R/O DODDA BUDAL VILLAGE, DAVANAGERE TALUK & DISTRICT-577001

4 - NC: 2025:KHC:54413 RSA No. 1248 of 2016

HC-KAR

ESHAPPA

S/O BASAPPA

SINCE DECEASED BY HIS LR

SMT. PARVATHAMMA W/O ESHAPPA AGED ABOUT 71 YEARS, R/O ARABAGATEE VILLAGE, HONALLI TALUK, DAVANAGERE DISTRICT-577001

SRI BASAVARAJAPPA S/O ESHAPPA AGED ABOUT 51 YEARS, R/O ARABAGATTE VILLAGE, HONALLI TALUK, DAVANAGERE DISTRICT 577001

SRI MANJAPPA S/O ESHAPPA AGED ABOUT 46 YEARS, R/O ARABAGATTE VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT 577001

SRI MALLESHAPPA S/O ESHAPPA AGED ABOUT 43 YEARS, R/O BATI VILLAGE, DAVANAGERE TALUK, DAVANAGERE DISTRICT -577001

HALESHAPPA S/O HALAPPA SINCE DECEASED BY HIS LRS

SMT JAYAMMA

5 - NC: 2025:KHC:54413 RSA No. 1248 of 2016

HC-KAR

W/O HALESHAPPA AGED ABOUT 71 YEARS, R/O USHA CHANNAIAH HOSPITAL, DOUBLE ROAD, DEVARAJ URS LAYOUT, DAVANAGERE CITY-577001

H. JYOTHIKUMAR S/O HALESHAPPA AGED ABOUT 40 YEARS, R/O USHA CHANNAIAH HOSPITAL, DOUBLE ROAD, DEVARAJ URS LAYOUT, DAVANAGERE CITY-577001

MANJUNATHA S/O HALESHAPPA AGED ABOUT 36 YEARS, R/O USHA CHANNAIAH HOSPITAL, DOUBLE ROAD, DEVARAJ URS LAYOUT, DAVANAGERE CITY-577001

SHIVAPRAKASH S/O HALESHAPPA AGED ABOUT 34 YEARS, R/O USHA CHANNAIAH HOSPITAL, DOUBLE ROAD, DEVARAJ URS LAYOUT, DAVANAGERE CITY-577001

…RESPONDENTS (BY SRI MOUNESH S.B. ADVOCATE FOR SRI V.B. SIDDARAMAIAH, ADVOCATE FOR R1 AND 2, R-5 SERVED)

THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.11.2006 PASSED IN R.A.NO.281/2002 ON THE FILE OF CIVIL JUDGE (SR.DN.), HARIHAR, PARTLY ALLOWING THE APPEAL AND MODIFYING

6 - NC: 2025:KHC:54413 RSA No. 1248 of 2016

HC-KAR

THE JUDGMENT AND DECREE DATED 31.01.1996 PASSED IN O.S.NO.146/1991 ON THE FILE OF MUNSIFF & JMFC., HONNALI.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

ORAL JUDGMENT

Learned counsel for the appellants has filed a memo

dated 18.12.2025, which reads as under:

"It is respectfully submitted that, the Respondents in the above second appeal had initiated Final Decree Proceedings at FDP No.15/2015 before the Hon'ble Addl. Civil Judge at Honnalli. Certified Copy of Petition is attached along with this Memo as Document No.1.

Matter being stood thus, during the pendency of the said final decree proceedings, the parties entered into settlement in the presence of village elders and mediates, on the basis of said settlement the Respondents herein filed a Memo before the Final Decree Court on 18.08.2025 and sought to withdraw the pending Final Decree Petition and based on the said Memo the Final Decree Court by its Order dated 13.09.2025 dismissed the as not pressed. Certified copies of Memo dated 18.08.2025 and Order dated 13.09.2025 are herewith produced as Document No.2 & Document No.3 respectively.

Wherefore, in view of the above mentioned facts, the above second appeal does not survive for consideration, accordingly this Hon'ble Court may kindly permit the Appellants to withdraw the above second appeal by accepting this Memo to secure the ends of justice and equity."

2. The memo is taken on record.

7 -

NC: 2025:KHC:54413 RSA No. 1248 of 2016

HC-KAR

In view of the said memo, the regular second

appeal is dismissed as withdrawn.

Sd/(DR.K.MANMADHA RAO) JUDGE

HDK

List No.: 1 Sl No.: 10

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil ProcedureSection 100¶70

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 30.11.2006 in R.A.No.281/2002, by which the first appellate court partly allowed the appeal and modified the judgment and decree dated 31.01.1996 in O.S.No.146/1991 (Munsiff & JMFC, Honnali).¶70
Civil Judge (Sr.Dn.), Harihar · 30.11.2006
Prior proceeding
Trial suit O.S.No.146/1991 on the file of the Munsiff & JMFC, Honnali, decided by judgment and decree dated 31.01.1996.¶73
Prior proceeding
First appeal R.A.No.281/2002 before the Civil Judge (Sr.Dn.), Harihar, decided by judgment and decree dated 30.11.2006, partly allowing the appeal and modifying the trial court's decree.¶70
Prior proceeding
Final decree proceedings FDP No.15/2015 initiated by the respondents before the Addl. Civil Judge, Honnalli.¶78
Prior proceeding
During pendency of FDP No.15/2015 the parties entered into a settlement in the presence of village elders and mediators.¶79
Prior proceeding
On the basis of the settlement, the respondents filed a memo dated 18.08.2025 before the final decree court seeking withdrawal of the final decree petition; the final decree court dismissed FDP No.15/2015 as not pressed by order dated 13.09.2025.¶79

Parties & counsel

AI extract

appellant
Channappa (since deceased, by his LRs)¶8
Narayan Mayyar
appellant
Channabasappa s/o Late Channappa (since deceased, represented by his LRs)¶10
Narayan Mayyar
appellant
Gurushanthappa s/o Late Channappa (since deceased, represented by his LRs)¶21
Narayan Mayyar
appellant
Sri Nagappa (since deceased, by his LRs)¶34
Narayan Mayyar
appellant
Gowramma w/o Late Nagappa¶36
Narayan Mayyar
appellant
Sri Nandeesha s/o Late Nagappa¶37
Narayan Mayyar
appellant
Sri Thirthappa s/o Channappa¶41
Narayan Mayyar
respondent
Dundyappa (since deceased, by his LRs)¶46
respondent
Manjappa s/o Dundayappa¶48
Mounesh S.B., V.B. Siddaramaiah
respondent
Ramappa s/o Dundyappa¶50
Mounesh S.B., V.B. Siddaramaiah
respondent
Eshappa s/o Basappa (since deceased, by his LR)¶54
respondent
Smt. Parvathamma w/o Eshappa¶57
respondent
Sri Basavarajappa s/o Eshappa¶58
respondent
Sri Manjappa s/o Eshappa¶59
respondent
Sri Malleshappa s/o Eshappa¶60
respondent
Haleshappa s/o Halappa (since deceased, by his LRs)¶61
respondent
Smt. Jayamma w/o Haleshappa¶62
respondent
H. Jyothikumar s/o Haleshappa¶66
respondent
Manjunatha s/o Haleshappa¶67
respondent
Shivaprakash s/o Haleshappa¶68

Coram

AI extract

Dr. K.Manmadha Raoauthor¶74

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 18 Dec 2025 · December
Registered: 15 Jul 2016
Case no.: RSA/1248/2016
CNR: KAHC010534422016
Bench: K.manmadha Rao
Disposal: DISMISSED
Case type: Regular Second Appeal (RSA)

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from K.manmadha Rao

Sri K v Sathyanarayanashetty Vs Smt Rajammal Nanjundashetty
17 Dec 2025
Mr. Doddaiah Vs Sri Venkatappa
17 Dec 2025
Sri. Sharath D. H. Vs Smt. Hemalatha
17 Dec 2025
Sri M Prakash Vs Smt. Kempadevamma
18 Dec 2025
Smt. Thimmakka Vs H v Raju
18 Dec 2025
Smt Sakamma Vs Melya Jayakumar Krishna Mohan
19 Dec 2025

Cite this judgement

Channappa v. Dundyappa, RSA/1248/2016 (KA), decided on 18 December 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 ProcedureSection 100

View all statutes

Procedural history6

Judgment and decree dated 30.11.2006 in R.A.No.281/2002, by which the first appellate court partly allowed the appeal and modified the judgment and decree dated 31.01.1996 in O.S.No.146/1991 (Munsiff & JMFC, Honnali).Civil Judge (Sr.Dn.), Harihar · 30.11.2006
Trial suit O.S.No.146/1991 on the file of the Munsiff & JMFC, Honnali, decided by judgment and decree dated 31.01.1996.
First appeal R.A.No.281/2002 before the Civil Judge (Sr.Dn.), Harihar, decided by judgment and decree dated 30.11.2006, partly allowing the appeal and modifying the trial court's decree.

View full history

Bench / Coram

Dr. K.Manmadha Rao

Parties & counsel