Dismissed¶88

Shantamma v. Shylaja

Karnataka HC8 Jul 2025RSA/1424/2014

Case brief

AI extract

What is this about?

Abatement of appeal by operation of law; death of multiple respondents during second appeal; failure to implead legal representatives of deceased respondents; memo dated 08.07.2025 reporting deaths; appeal dismissed as abated; pending interlocutory applications disposed; Section 100 CPC; Regular Second Appeal (PAR); RSA No. 1424 of 2014; High Court of Karnataka; Ashok S. Kinagi; Tumkur; Gubbi; R.A.No.12/2011; O.S.No.44/2006.

What did the court decide?

No relief to appellants; appeal dismissed as abated, and pending interlocutory applications, if any, stand disposed of. ¶88

Shantamma Vs Shylaja — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:24912 RSA No. 1424 of 2014

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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 8^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

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REGULAR SECOND APPEAL NO. 1424 OF 2014 (PAR)

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BETWEEN:

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SHANTAMMA W/O P B NIRANJAN, AGED ABOUT 63 YEARS, R/O RANGARAO ROAD, SHANKARAPURA, BANGALORE-560004

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JAGADAMBA

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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W/O SHANMUKAPPA, AGED ABOUT 62 YEARS, R/A BENACHIGERE, NITTUR HOLBI, GUBBI TALUK, ALSO AT 9/85, 2^ND BLOCK, 12^TH MAIN ROAD, RAJAJINAGAR, BANGALORE-560010

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…APPELLANTS

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(BY SRI. PRASANNA KUMAR P., ADVOCATE)

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AND:

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SHYLAJA W/O L T RAJASHEKHARAIH AGED 54 YEARS,

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L R KEERTHI

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NC: 2025:KHC:24912 RSA No. 1424 of 2014

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HC-KAR

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S/O L T RAJASHEKHARAIH AGED ABOUT 30 YEARS, 3. L R SURESH S/O L T RAJASHEKHARAIAH AGED 27 YEARS,

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L R LALITHA D/O LATE L T RAJASHEKHARAIH,

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ALL ARE RESIDING AT 2^ND CROSS, NEW EXTENSION, GUBBI TOWN, TQ GUBBI, DISTRICT TUMKUR-572216

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RESPONDENT No.1 TO 4 ARE LEGAL REPRESENTATIVES OF THE ORIGINAL PLAINTIFF No.1 L T RAJASHEKHARAIAH

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L T ANANDAIAH S/O LATE THAMMAIAH, AGED ABOUT 65 YEARS,

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L T CHANDRAIAH S/O LATE THAMMAIAH, AGED ABOUT 63 YEARS,

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L T KUMARASWAMY S/O LATE THAMMAIAH, SINCE DEAD BY LEGAL REPRESENTATIVE

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7(A) CHANDRAMATHI W/O LATE K T KUMARASWAMY AGED ABOUT 34 YEARS, R/A LAKKENAHALLI, KADABA HOBLI, GUBBI TALUK, DIST:TUMKUR-572216

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L T SHADAKSHARAPPA S/O LATE THAMMAIAH, AGED 58 YEARS,

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3 - NC: 2025:KHC:24912 RSA No. 1424 of 2014

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HC-KAR

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L T RANGANNA S/O LATE THAMMAIAH, AGED 56 YEARS

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L T PARAMESH S/O LATE THAMMAIAH, AGED 55 YEARS,

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GOWRAMMA S/O LATE THAMMAIHA, AGED 56 YEARS,

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VIDE ORDER DATED 18.07.2016 R1 TO R6, R7(A), R8 TO R10 ARE TREATED AS LEGAL REPRESENTATIVES OF R11

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RESPONDENT Nos.5 TO 11 ARE RESIDENTS OF LAKKENAHALLI KADABA HOBLI GUBBI TALUK TUMAKURU DISTRICT – 572 216

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SAROJAMMA W/O LATE SADASHIVAHA DEAD BY HER LR

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12(A) SMT. PUSHAPLATHA W/O LATE S V NATARAJU, AGED 34 YEARS, R/A UPPARAHALL, TUMKUR TOWN – 572101

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L S PRAKASHAIAH S/O LATE SADASHIVAIAH, AGED ABOUT 53 YEARS, R/A HOUSE NO.12, M C COLONY, TUMKUR CITY - :572101

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L S DINAKAR MURTHY S/O LATE SADASHIVAIAH,

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NC: 2025:KHC:24912 RSA No. 1424 of 2014

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HC-KAR

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AGED ABOUT 51 YEARS, R/A LAKKENAHALLI, KASABA HOBLI, GUBBI TALUK, DIST:TUMKUR-572216

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K P CHANDRASHEKAR S/O LATE PUTTASIDDAPPA K S AGED 33 YEARS,

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K P RAJASHEKAR S/O LATE PUTTASIDDAPPA K S AGED 31 YEARS,

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RESPONDENTS No.15 & 16 ARE LEGAL HEIRS OF SMT. LALITHAMMA THE ORIGINAL DEFENDANT No.1 & RESPONDENT No.12 BEFORE THE APPELLATE COURT AND ARE R/AT HOUSE No.38, RANGA RAO ROAD SHANKARAPURAM BENGALURU – 560 004

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K S DAYANANDA S/O LATE K S SADASHIVAPPA, AGED ABOUT 38 YEARS,

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K S RAVISHANKAR S/O LATE K S SADASHIVAPPA, AGED ABOUT 36 YEARS,

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K S SAMBASHIVAIAH S/O LATE K S SADASHIVAPPA, AGED ABOUT 33 YEARS,

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K S RAMESH S/O LATE K S SADASHIVAPPA, AGED ABOUT 30 YEARS,

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RESPONDENT Nos.17 TO 20 ARE R/AT HOUSE NO.38,

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5 - NC: 2025:KHC:24912 RSA No. 1424 of 2014

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HC-KAR

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RANGARAO ROAD, SHANKARAPURAM, BANGALORE-560004

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RESPONDENT Nos.17 TO 20 ARE ALSO LRS OF ORIGINAL DEFENDANT No.4 AND RESPONDENT No.15 BEFORE THE APPELLATE COURT

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K S DIVAKAR S/O LATE SHADAKSHARAPPA, AGED ABOUT 40 YEARS, RESIDING AT NO.38, RANGARAO ROAD, SHANKARAPURAM, BANGALORE-560004

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K S NALINI W/O BALLA, MAJOR , R/A 5^TH MAIN, 3^RD STAGE, J C NAGAR, BANGALORE-560006

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K S LATHA W/O HALAPPA, MAJOR, RESIDING AT NO.13, 1^ST STAGE, BYRASANDRA MAIN ROAD, JAYANAGARA , BANGALORE – 560011

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RESPONDENT Nos.21-23 ARE LRS OF ORIGINAL DEFENDANT No.9

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MANJULA D/O LATE L S CHANDRASHEKARA AGED ABOUT 35 YEARS,

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VANDANA D/O LATE L S CHANDRASHEKARA AGED ABOUT 31 YERS,

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6 - NC: 2025:KHC:24912 RSA No. 1424 of 2014

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HC-KAR

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RESPONDENT Nos.24 & 25 ARE LRS OF ORIGINAL DEFENDANT No.13

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SUNANDA W/O MG PANCHAKASHARASWAMY, AGED ABOUT 45 YEARS, R/O NO.669, 3^RD CROSS, 1^ST MAIN, 2^ND STAGE, 1^ST BLOCK, MYSORE-570022

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PREMALATHA D/O LATE K SADASHIVAPPA, AGED ABOUT 40 YEARS, R/O NO.86, TEACHERS COLONY, 4^TH CROSS, 2^ND MAIN, NEAR DAYANANDA COLLEGE, KUMARASWAMY LAYOUT, BANGALORE-560070

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NAGARATHNA W/O GURUCHENNABASAPPA, AGED ABOUT 40 YEARS, R/O TEACHERS COLONY D NO.112, 5^TH CROSS, 2^ND MAIN, NEAR DAYANANDA SAGAR COLLEGE, KUMARASWAMY LAYOUT, BANGALORE-560070

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PADMAKSHI D/O LATE PUTTASIDDAPPA, AGED ABOUT 38 YEARS, RESIDING AT NO.87, GOWRI NILAYA, H SIDDAIAH ROAD, MAVALLI, BANGALORE-560002

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MANJULA D/O LATE PUTTASIDDAPPA, W/O NEELAKANTA, AGED ABOUT 31 YEARS,

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NC: 2025:KHC:24912 RSA No. 1424 of 2014

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HC-KAR

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R/O NO.8/L, 5^TH MAIN, C BELVIT NILAYA, CHAMARAJPET, BANGALORE-560004

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N. JAYAMMA S/O LATE NANJUNDEGOWDA AGED ABOUT 65 YEARS R/O “NANJUNDESHWARA NILAYA” BEHIND MERP QUARTERS SIDDLINGAIAYANA PALYA SIT EXTENSION, TUMAKURU

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…RESPONDENTS

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[BY SRI. VIRUPAKSHAIAH P H., ADVOCATE FOR R1-R7(A), R8, R9, R10, R12(A), R13-R23, R26-R30; SRI. S. BASAVARAJ, ADVOCATE FOR IMPLEDING APPLICANT AS RESPONDENT; RESPONDENT 24 & 25 ARE SERVED; VIDE ORDER DATED 18.07.2016, R1-R6, R7(A) & R8-R10 ARE TREATED AS LRS OF DEAD R11]

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THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 26.7.2014 PASSED IN R.A.NO.12/2011 ON THE FILE OF THE I ADDL. DISTRICT & SESSIONS JUDGE, TUMKUR, DISMISSING THE APPEAL AND MODIFYING THE JUDGEMENT AND DECREE DTD 30.11.2010 PASSED IN OS.NO.44/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, GUBBI.

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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 ASHOK S.KINAGI

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NC: 2025:KHC:24912 RSA No. 1424 of 2014

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HC-KAR

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ORAL JUDGMENT

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The learned counsel for the appellants filed a Memo dated 08.07.2025 reporting the death of respondent Nos.1, 7, 11, 12, 15, 18, 21 and 23 to 26 and submits that the appeal has stood abated by operation of law.

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Memo is placed on record.

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Though the aforesaid respondents passed away, the appellants have not chosen to bring the legal representatives of the aforesaid deceased respondents on record. Hence, the appeal has abated by operation of law.

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Accordingly, the appeal is dismissed as abated .

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In view of the dismissal of the appeal, pending interlocutory applications, if any, stand disposed of.

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Sd/(ASHOK S.KINAGI) JUDGE

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RK CT:KHV List No.: 1 Sl No.: 25

Shantamma v. Shylaja

Case brief

What is this about?

What did the court decide?

Shantamma v. Shylaja

Case brief

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