Dismissed¶50

Sri. Narayanaswamy v. Smt. Narayanamma

Karnataka HC13 Oct 2025RSA/1291/2023

Case brief

AI extract

What is this about?

Dismissal for non-prosecution at admission stage; Regular Second Appeal under Section 100 CPC; High Court of Karnataka, Bengaluru; RSA No.1291 of 2023 (PAR); Narayanaswamy v. Narayanamma (dead by LRS) and others; concurrent findings of dismissal of suit; O.S.No.103/2009, Principal Civil Judge and JMFC, Chikkaballapura (decree 13.02.2020); R.A.No.77/2020, I Additional Senior Civil Judge and JMFC, Chikkaballapura (judgment and decree 19.04.2023); H.P. Sandesh J.; repeated non-appearance of appellant's counsel; no merits adjudicated; no case law cited.

What did the court decide?

The Court held there were no grounds to grant any further adjournment, since the RSA was filed against concurrent findings of dismissal of the suit, confirmed by the Appellate Court. ¶49

Sri. Narayanaswamy Vs Smt. Narayanamma — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:40454 RSA No. 1291 of 2023

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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 13^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE H.P.SANDESH

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REGULAR SECOND APPEAL NO.1291 OF 2023 (PAR)

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BETWEEN:

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SRI. NARAYANASWAMY S/O CHIKKA KONAPPA AGED ABOUT 57 YEARS R/AT GANGAREKALUVE VILLAGE KASABA HOBLI CHIKKABALLAPURA TALUK AND DISTRICT-562 101.

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…APPELLANT

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(BY SRI. ARVIND C. DESAI, ADVOCATE)

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AND:

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SMT. NARAYANAMMA (DEAD BY LRS)

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Digitally signed by DEVIKA M 1(a) SMT. NANEKKA W/O NANJAPPA Location: HIGH AGED ABOUT 48 YEARS COURT OF KARNATAKA R/AT GAVANAHALLI VILLAGE BASHETTIHALLI HOBLI SHIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT-562105.

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1(b) SMT. VENKATALAKSHMAMMA W/O LAKSHMINARAYANA AGED ABOUT 45 YEARS R/AT MUDDAREDDYHALI VILLAGE VARLAKONDA POST GUDIBANDE TALUK CHIKKABALLAPURA DISTRICT-561207.

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NC: 2025:KHC:40454 RSA No. 1291 of 2023

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HC-KAR

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SRI. NARAYANASWAMY S/O LATE NARAYANAPPA AGED ABOUT 64 YEARS

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SRI. NANEPPA S/O LATE NARAYANAPPA AGED ABOUT 67 YEARS

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SRI. VENKATARAYAPPA S/O LATE NARAYANAPPA AGED ABOUT 60 YEARS

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SRI. BYRAREDDY S/O LATE NARAYANAPPA, AGED ABOUT 58 YEARS,

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SRI. VENKATANARAYANAPPA S/O LATE NARAYANAPPA, AGED ABOUT 56 YEARS,

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SRI. SEETHA BYRAPPA, S/O LATE NARAYANAPPA, AGED ABOUT 44 YEARS,

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SMT. RATHNAMMA D/O LATE CHIKKA KONDAPPA, AGED ABOUT 55 YEARS,

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SRI. BYRAREDDY S/O LATE CHIKKA KONDAPPA, AGED ABOUT 50 YEARS,

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RESPONDENTS NO.2 TO 9 ARE R/AT GANGAREKALUVE VILLAGE, KASABA HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT-562101.

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KEMPANNA SINCE DECEASED BY HIS LRS.

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3 - NC: 2025:KHC:40454 RSA No. 1291 of 2023

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HC-KAR

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10(a) SMT. LAKSHMAINARASAMMA, D/O LATE KEMPANNA, MAJOR, W/O VENKATAREDDY, R/AT MANCHANAHALLI VILLAGE, GUDIBANDE TALUK, CHIKKABALLAPURA DISTRICT-561209.

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10(b) SMT. BYRAMMA D/O LATE KEMPAMMA, MAJOR, W/O SUBRAMANI, R/AT KESHAVARA VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT - 561209.

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10(c) SMT. LAKSHMIDEVAMMA D/O LATE KEMPANNA, MAJOR, W/O SHIVACHENNAPPA, R/AT KADASIGENAHALLI VILLAGE, NANDI HOBLI, CHIKKBALLAPURA TALUK AND DISTRICT-561209.

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10(d) SMT. SARASWATHAMMA D/O LATE KEMPANNA MAJOR, W/O SREERAMAPPA, R/AT MEGLAPPAREDDYPALLI VILLAGE, VARLAKONDA HOBLI, GUDIBANDE TALUK CHIKKABALLAPURA DISTRICT-561207.

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10(e) SMT. PADMA D/O LATE KEMPANNA, MAJOR, W/O RAMANJI, R/AT GANGREKALUVE VILLAGE, KASABA HOBLI

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4 - NC: 2025:KHC:40454 RSA No. 1291 of 2023

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HC-KAR

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CHIKKABALLAPURA TALUK AND DISTRICT-561209.

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…RESPONDENTS

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(BY SRI. SUDHINDRA S.A., ADVOCATE FOR C/R7)

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THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 19.04.2023 PASSED IN R.A.NO.77/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKABALLAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 13.02.2020 PASSED IN O.S.NO.103/2009 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, CHIKKABALLAPURA.

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

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CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

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ORAL JUDGMENT

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This matter is listed for admission. The learned

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counsel for the appellant sought time in the morning session and this Court declined to grant time. On perusal of the order sheet, though this appeal was filed in 2023, even listed for admission on several occasions, the appellant’s counsel did not assist the Court for admission. On 03.09.2025, this Court noted that none appears for the appellant, however, adjourned the matter to 22.09.2025 and on 22.09.2025 on behalf of the appellant, time was

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5 - NC: 2025:KHC:40454 RSA No. 1291 of 2023

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HC-KAR

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prayed, however, this Court granted time to list the matter in the 3^rd week of October-2025 and accordingly, matter is listed before the Court today and instead of assisting the Court, counsel for appellant again sought time in the morning and when the same is refused, in the afternoon at 03.29 p.m., no representation. On perusal of the records, this R.S.A is filed against concurrent finding of dismissal of the suit and the same is confirmed by the Appellate Court and hence, no grounds to even again adjourn the matter.

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Hence, the appeal is dismissed for non-prosecution.

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Sd/(H.P.SANDESH) JUDGE

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RHS

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List No.: 1 Sl No.: 43

Sri. Narayanaswamy v. Smt. Narayanamma

Case brief

What is this about?

What did the court decide?

Sri. Narayanaswamy v. Smt. Narayanamma

Case brief

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