Dismissed¶42

Sri Subhaschandra Shetty v. Smt Padmaja S Hegde

Karnataka HC8 Sept 2025RSA/1406/2016

Case brief

AI extract

What is this about?

Dismissal of Regular Second Appeals as withdrawn; withdrawal of appeal at hearing; Section 100 CPC second appeal; Karnataka High Court, Bengaluru; single judge (E.S. Indiresh); appeals against first appellate decrees dated 01.04.2016 of Senior Civil Judge, Kundapura confirming trial decrees in O.S.No.128/2006 and O.S.No.88/2006 (Prl. Civil Judge, J.M.F.C., Kundapura); parties: Subhaschandra Shetty and Sudhir Kumar Shetty v. Padmaja S. Hegde and Shankar Hegde (Udupi district); no merits decided, no precedent value on substance.

What did the court decide?

Leave to withdraw both appeals granted; both Regular Second Appeals dismissed as withdrawn. ¶42

Sri Subhaschandra Shetty Vs Smt Padmaja S Hegde — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:35196 RSA No. 1406 of 2016 C/W RSA No. 1408 of 2016

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO.1406 OF 2016 (RES)

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C/W

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REGULAR SECOND APPEAL NO.1408 OF 2016

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IN RSA No.1406/2016

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BETWEEN:

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SRI. SUBHASCHANDRA SHETTY AGED ABOUT 43 YEARS, S/O.SRI.SOORAPPA SHETTY, SHOP OWNER, HARDALLI-MADALLI VILALGE, POST: BIDKALKATTE-576222, KUNDAPURA TALUK, UDUPI DISTRICT.

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…APPELLANT

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Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA

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(BY SRI. CHANDRANATH ARIGA K., ADVOCATE)

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AND:

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SMT. PADMAJA S. HEGDE AGED ABOUT 61 YEARS, D/O LATE SRI.K.ANTHAYYA SHETTY,

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SRI. SHANKAR HEGDE S/O LATE SRI.K.SORRYANNA SHETTY,

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BOTH ARE R/O KRISHNA KRIPA, OPP:AMMANI RAMANNA SHETTY HALL, VOLKADU-576101, UDUPI TOWN.

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NC: 2025:KHC:35196 RSA No. 1406 of 2016 C/W RSA No. 1408 of 2016

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HC-KAR

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…RESPONDENTS

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(BY R1 SERVED AND UNREPRESENTED)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 01.04.2016 PASSED IN R.A.NO.5/2012 ON THE FILE OF SENIOR CIVIL JUDGE, KUNDAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 31.01.2012 PASSED IN O.S.NO.128/2006 ON THE FILE OF PRL. CIVIL JUDGE, J.M.F.C., KUNDAPURA.

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IN RSA NO. 1408/2016

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BETWEEN:

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SRI. SUDHIR KUMAR SHETTY S/O SRI. SHIVARAMA SHETTY AGED ABOUT 38 YEARS MANJU SHREE STUDIO I FLOOR, SATHYANARAYANA BUILDING HARDALLI-MANDALLI VILLAGE POST: BIDKALKATTE-576222 KUNDAPURA TALUK UDUPI DISTRICT.

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...APPELLANT

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(BY SRI. CHANDRANATH ARIGA K.,ADVOCATE)

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AND:

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SMT. PADMAJA S. HEGDE D/O LATE K. ANTHAYYA SHETTY AGED ABOUT 61 YEARS

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3 - NC: 2025:KHC:35196 RSA No. 1406 of 2016 C/W RSA No. 1408 of 2016

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HC-KAR

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KRISHNA KRIPA OPP: AMMANI RAMANNA SHETTY HALL VOLKADU -576101.

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...RESPONDENT

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(SERVICE OF NOTICE TO RESPONDENT HELD SUFFICIENT V/O DATED 10.02.2025)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 01.04.2016 PASSED IN R.A.NO.25/2009 ON THE FILE OF SENIOR CIVIL JUDGE, KUNDAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 08.04.2009 PASSED IN O.S.NO.88/2006 ON THE FILE OF PRL. CIVIL JUDGE, J.M.F.C., KUNDAPURA.

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THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL JUDGMENT

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After arguing for sometime, learned counsel for

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the appellant seeks leave of this court to withdraw both the appeals.

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