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Sri Annayappa Vs Sri Suresh Chandra Gupta — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
Sri Annayappa Vs Sri Suresh Chandra GuptaSri Annayappa v. Sri Suresh Chandra Gupta

Dismissed¶46

Sri Annayappa v. Sri Suresh Chandra Gupta

Karnataka HC1 Sept 2025RSA/1384/2021

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; RSA No. 1384 of 2021 (SP); Justice V Srishananda; decision 01.09.2025; withdrawal of second appeal on memo dated 01.09.2025; dismissal as withdrawn with liberty to file regular appeal before appropriate forum; Section 100 CPC; OS No.203/2007 (decree 28.06.2016, Principal Senior Civil Judge & CJM Chikkaballapur); R.A./RA No.70/2016 (judgment 16.10.2017, Principal District Judge Chickballapur); Ex.P.No.1/2017 (order 26.06.2019, Senior Civil Judge Chikkaballapur); appellants Annayappa and LRs of Erappa (Manjulamma, Mamatha Shree E, Madhu Sudeep E) v. respondents LRs of Suresh Chandra Gupta (Ravi Agrawal) and T.R. Sathish Heggade; advocates Jayna Kothari (Senior Counsel) and Naveen Chandra for appellants; no merits adjudicated, no cases cited.

What did the court decide?

Appeal dismissed as withdrawn, with liberty to file a regular appeal before the appropriate forum.

Why is it important?

The memo dated 01.09.2025 filed by counsel for the appellants was placed on record and the appeal was dismissed as withdrawn, with liberty as prayed for, i.e., liberty to file a regular appeal before the appropriate forum. ¶46

What the court decided

AI extract

Outcome

Appeal dismissed as withdrawn, with liberty to file a regular appeal before the appropriate forum.

Issue for consideration

Whether the appellants' memo dated 01.09.2025 seeking withdrawal of the Regular Second Appeal, with liberty to file a regular appeal before the appropriate forum, should be accepted.

Court's answer

The memo dated 01.09.2025 filed by counsel for the appellants was placed on record and the appeal was dismissed as withdrawn, with liberty as prayed for, i.e., liberty to file a regular appeal before the appropriate forum.

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (V Srishananda, J.) — Regular Second Appeal No. 1384 of 2021 (SP) under Section 100 CPC, directed against the judgment and decree dated 28.06.2016 in OS No.203/2007 (Principal Senior Civil Judge & CJM, Chikkaballapur) and the judgment and decree dated 16.10.2017 in R.A.No.70/2016 (Principal District Judge, Chickballapur). When the appeal came on for orders, counsel for the appellants filed a memo dated 01.09.2025 praying that the appeal be withdrawn with liberty to file a regular appeal before the appropriate forum; the memo also referred to an order dated 26.06.2019 in Ex.P.No.1/2017 (Senior Civil Judge, Chikkaballapur). Placing the memo on record, the Court dismissed the appeal as withdrawn with liberty as prayed for. No substantive issue was adjudicated and no precedent was cited.

A

1 -

NC: 2025:KHC:34025 RSA No. 1384 of 2021

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA

REGULAR SECOND APPEAL NO. 1384 OF 2021 (SP)

BETWEEN:

SRI. ANNAYAPPA S/O. LATE MUNIYAMMA AGED ABOUT 54 YEARS RESIDENT OF KUDUVATHI VILLAGE

NANDI HOBLI, CHIKKABALLPURA TALUK - 562 103.

SRI. ERAPPA S/O LATE POOJAPPA (SINCE DEAD BY HIS LRS)

A. SMT. MANJULAMMA W/O. ERAPPA

AGED ABOUT 42 YEARS

Digitally signed by NANDINI B G Location: High Court of Karnataka

B. KUM. MAMATHA SHREE E D/O ERAPPA

AGED ABOUT 25 YEARS

C. SRI. MADHU SUDEEP E S/O ERAPPA

AGED ABOUT 23 YEARS

ALL ARE RESIDING AT NO.75 OLD A K COLONY, DODDA BANASAWADI BANGALORE EAST, KALYANAGARA POST BANGALORE - 560 043.

…APPELLANTS

(BY SMT: JAYNA KOTHARI, SENIOR COUNSEL FOR SRI: NAVEEN CHANDRA, ADVOCATE)

2 - NC: 2025:KHC:34025 RSA No. 1384 of 2021

HC-KAR

AND:

SRI SURESH CHANDRA GUPTA S/O. T.C. GUPTA (SINCE DEAD BY HIS LR'S,)

SRI. RAVI AGRAWAL S/O LATE SURESH CHANDRA GUPTA AGED ABOUT 53 YEARS RESIDING AT NO.765 5^TH CROSS, 8^TH MAIN R.T. NAGAR, 2^ND BLOCK BENGALURU - 560 032

SRI. T.R. SATHISH HEGGADE S/O. LATE. T.G. RAMANNA HEGGADE RESIDING AT FLAT NO.G-8 PALACE ORCHID APARTMENT 9^TH MAIN, SADASHIVANAGAR BENGALURU - 560 080

…RESPONDENTS

THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.06.2016 PASSED IN OS NO.203/207 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHICKBALLAPUR AND AGAINST THE JUDGMENT AND DECREE DATED 16.10.2017 PASSED IN R.A.NO.70/2016 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE AT CHICKBALLAPUR.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

3 -

NC: 2025:KHC:34025 RSA No. 1384 of 2021

HC-KAR

ORAL JUDGMENT

Counsel for the appellants has filed a memo dated

01.09.2025, which reads as under:

"The appellant most humbly submit before this Hon'ble Court:

1. The Appellant has filed the present appeal against the judgment and decree dated 28.06.2016, passed in OS No.203/2007 by the Principal Senior Civil Judge & CJM, Chikkaballapur, judgment dated 16.10.2017 passed in RA No.70/2016 (filed by the Respondent No.2) by the Principal District Court, Chikkaballapur and order dated 26.06.2019 passed in Ex.P.No.1/2017 by the Senior Civil Judge, Chikkaballapur.

2. The Appellant craves the leave of this Hon'ble Court to withdraw the instant appeal, with liberty to file a Regular Appeal before the appropriate forum.

WHEREFORE, the Appellant humbly prays before this Hon'ble Court to take this memo on record and permit the Appellant to withdraw the instant appeal with liberty to file an appeal before the appropriate forum in the interest of justice and equity."

4 -

NC: 2025:KHC:34025 RSA No. 1384 of 2021

HC-KAR

Placing the memo on record, the appeal stands dismissed as withdrawn, with liberty as prayed for.

Sd/(V SRISHANANDA) JUDGE

*bgn/CT:VS List No.: 1 Sl No.: 9

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the appellants' memo dated 01.09.2025 seeking withdrawal of the Regular Second Appeal, with liberty to file a regular appeal before the appropriate forum, should be accepted.medium confidence¶42
The court held
The memo dated 01.09.2025 filed by counsel for the appellants was placed on record and the appeal was dismissed as withdrawn, with liberty as prayed for, i.e., liberty to file a regular appeal before the appropriate forum.ratio¶46

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil ProcedureSection 100¶30

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 16.10.2017 in R.A.No.70/2016 passed by the Principal District Judge at Chickballapur, together with the underlying judgment and decree dated 28.06.2016 in OS No.203/2007 (printed in the cause title as 'OS NO.203/207') passed by the Principal Senior Civil Judge and CJM, Chickballapur, against which this RSA under Section 100 CPC was filed.¶30
Principal District Judge at Chickballapur · 16.10.2017
Prior proceeding
Trial suit OS No.203/2007 before the Principal Senior Civil Judge & CJM, Chikkaballapur, decided by judgment and decree dated 28.06.2016.¶40
Prior proceeding
First appeal R.A.No.70/2016 filed by Respondent No.2 before the Principal District Court, Chikkaballapur; judgment dated 16.10.2017.¶40
Prior proceeding
Execution proceedings Ex.P.No.1/2017 before the Senior Civil Judge, Chikkaballapur; order dated 26.06.2019 (referred to in the withdrawal memo).¶40

Parties & counsel

AI extract

appellant
Sri. Annayappa S/o. Late Muniyamma¶10
Jayna Kothari (Sr.), Naveen Chandra
appellant
Sri. Erappa S/o Late Poojappa (since dead by his LRs)¶12
Jayna Kothari (Sr.), Naveen Chandra
appellant
Smt. Manjulamma W/o. Erappa¶13
Jayna Kothari (Sr.), Naveen Chandra
appellant
Kum. Mamatha Shree E D/o Erappa¶16
Jayna Kothari (Sr.), Naveen Chandra
appellant
Sri. Madhu Sudeep E S/o Erappa¶18
Jayna Kothari (Sr.), Naveen Chandra
respondent
Sri Suresh Chandra Gupta S/o. T.C. Gupta (since dead by his LR's)¶26
respondent
Sri. Ravi Agrawal S/o Late Suresh Chandra Gupta¶27
respondent
Sri. T.R. Sathish Heggade S/o. Late. T.G. Ramanna Heggade¶28

Coram

AI extract

V Srishanandaauthor¶32

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 1 Sept 2025 · September
Registered: 27 Dec 2021
Case no.: RSA/1384/2021
CNR: KAHC010387332020
Bench: V Srishananda
Disposal: DISMISSED
Case type: Regular Second Appeal (SP)

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Cite this judgement

Sri Annayappa v. Sri Suresh Chandra Gupta, RSA/1384/2021 (KA), decided on 1 September 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 history4

Judgment and decree dated 16.10.2017 in R.A.No.70/2016 passed by the Principal District Judge at Chickballapur, together with the underlying judgment and decree dated 28.06.2016 in OS No.203/2007 (printed in the cause title as 'OS NO.203/207') passed by the Principal Senior Civil Judge and CJM, Chickballapur, against which this RSA under Section 100 CPC was filed.Principal District Judge at Chickballapur · 16.10.2017
Trial suit OS No.203/2007 before the Principal Senior Civil Judge & CJM, Chikkaballapur, decided by judgment and decree dated 28.06.2016.
First appeal R.A.No.70/2016 filed by Respondent No.2 before the Principal District Court, Chikkaballapur; judgment dated 16.10.2017.

View full history

Bench / Coram

V Srishananda

Parties & counsel