Dismissed¶29

Sri Thammaiah v. Sri T S Narayana Murthy

Karnataka HC21 Nov 2025RSA/1317/2009

Case brief

AI extract

What is this about?

Dismissal for non-prosecution; both appellant and respondent unrepresented; counsel absent; appeal listed in advanced list; adjournment refused; Section 100 CPC; Regular Second Appeal (RSA) No. 1317 of 2009; High Court of Karnataka at Bengaluru; Turuvekere, Tumkur district; underlying suit O.S.No.93/1997; first appeal R.A.No.276/2006; Thammaiah v. T.S. Narayana Murthy; NC: 2025:KHC:48189; decided 21.11.2025; no merits adjudicated — not citable for any proposition of law.

What the court decided

AI extract

Sri Thammaiah Vs Sri T S Narayana Murthy — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:48189 RSA No. 1317 of 2009

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE M G UMA REGULAR SECOND APPEAL NO. 1317 OF 2009 (DEC)

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BETWEEN:

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SRI THAMMAIAH. S/O PATEL HANUMANTHARAYAPPA, AGED ABOUT 49 YEARS, AGRICULTURIST, R/AT TUBINAKATTE VILLAGE, SARAVANAHALLI POST, MAYASANDRA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT - 572 227

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…APPELLANT

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(BY SRI. U. SHIVAKUMAR, ADVOCATE (ABSENT))

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AND:

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Digitally signed by PRASHANTH N V Location: High Court of Karnataka

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SRI T.S. NARAYANA MURTHY, S/O SRIRANGACHAR, AGED ABOUT 59 YEARS, R/AT TUBINAKATTE VILLAGE SARAVANAHALLI POST, MAYASANDRA HOBLI, TURUVEKERE TALUK TUMKUR DISTRICT - 572 227

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…RESPONDENT

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(BY SRI. M.N. MADHUSUDHAN, ADVOCATE (ABSENT))

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THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE JUDGEMENT & DECREE DTD:17.6.2009 PASSED IN R.A.NO.276/2006 ON THE FILE THE CIVIL JUDGE (SR.DN) & JMFC., TURUVEKERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 8.12.2003 PASSED IN O.S.NO.93/1997 ON THE FILE OF THE CIVIL JUDGE (JR.DN) & JMFC., TURUVEKERE.

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THIS RSA, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA

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NC: 2025:KHC:48189 RSA No. 1317 of 2009

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HC-KAR

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ORAL JUDGMENT

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Learned counsel for the appellant and respondent are absent.

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The order sheet dated 07.11.2025 reads as under:

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"None appears for the appellant and the respondent.

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The appeal is of the year 2009. The matter is listed in advanced list and concerned advocates are requested not to seek adjournment and to address their arguments on merits. Inspite of that, there is no representation on behalf of the appellant and the respondent.

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It appears that the parties are not interested in prosecuting the appeal.

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I do not find any reason to adjourn the matter. However, to afford final opportunity, list on 21.11.2025."

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In-spite of that, there is no representation. It appears

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that the parties are not interested in prosecuting the appeal. Accordingly, the appeal is dismissed for non-prosecution.

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Sd/(M G UMA) JUDGE

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MKM CT:VS