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K N Eshwarappa Vs Rajappa — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
K N Eshwarappa Vs RajappaK N Eshwarappa v. Rajappa

Dismissed¶41

K N Eshwarappa v. Rajappa

Karnataka HC22 Sept 2025RSA/1745/2013

Case brief

AI extract

What is this about?

Procedural disposal only: High Court of Karnataka at Bengaluru, single judge (Justice Anant Ramanath Hegde), oral judgment dated 22.09.2025 in REGULAR SECOND APPEAL NO. 1745 OF 2013 (INJ), filed under S. 100 of CPC. Appeal dismissed for non-prosecution for want of representation (appellants' counsel deceased). Appellants: LRs of deceased original plaintiff K N Eshwarappa - Nanjamma, Annappaswamy, Kuberappa, Parvathamma, Nagamma, Leelavathi. Respondents: Rajappa, Muddamma, Chandramma; Sri D L Suresh for respondent 1; R2/R3 unrepresented. Underlying chain: O.S.No.192/2003 (Addl. Civil Judge (Jr.Dn) & JMFC, Kadur), decree dated 12.6.2008, set aside by R.A.No.25/2008 judgment and decree dated 3.8.2013 (Senior Civil Judge & JMFC, Kadur). No precedents discussed, no statutory interpretation beyond S. 100 CPC, no quantum. Holds nothing on the merits; useful only as a record of the procedural dismissal, not as a citable ratio.

What the court decided

AI extract

Outcome

Dismissed

Key takeaways

As there was no representation on behalf of the appellants, the appeal is dismissed.¶41

Detailed headnote1 paragraphs

Regular Second Appeal No. 1745 of 2013 (INJ) filed under S. 100 CPC against the judgment and decree dated 3.8.2013 in R.A.No.25/2008 (Senior Civil Judge & JMFC, Kadur), whereby the first appellate court allowed the appeal and set aside the judgment and decree dated 12.6.2008 in O.S.No.192/2003 (Addl. Civil Judge (Jr.Dn) & JMFC, Kadur). The appellants are the legal representatives of the deceased original appellant/plaintiff K N Eshwarappa (wife Nanjamma and children Annappaswamy, Kuberappa, Parvathamma, Nagamma and Leelavathi); respondents are Rajappa, Muddamma and Chandramma. As the appellants' counsel had expired and, despite service of notice on the legal representatives, nobody appeared for the appellants on 22.09.2025, Justice Anant Ramanath Hegde dismissed the appeal for non-prosecution. No issue on merits was adjudicated and no ratio emerges from this judgment.

A

1 -

NC: 2025:KHC:37971 RSA No. 1745 of 2013

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

REGULAR SECOND APPEAL NO. 1745 OF 2013 (INJ)

BETWEEN:

K N ESHWARAPPA S/O NANJE GOWDA,

SINCE DECEASED BY HIS LRS

1(A) SMT NANJAMMA, AGED 70 YEARS,

1(B) ANNAPPASWAMY AGED 40 YEARS,

1(C) KUBERAPPA AGED 35 YEARS,

1(D) PARVATHAMMA AGED 55 YEARS,

Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

1(E) NAGAMMA AGED 35 YEARS,

1(F) LEELAVATHI AGED 30 YEARS,

1(A) IS THE WIFE AND 1(B) TO 1(F) ARE CHILDREN OF ORIGINAL PLAINTIFF AND ALL ARE R/AT KURUBARHALLI VILLAGE, MATTIGATTA POST, KASABA HOBLI,KADUR TALUK, CHICKMAGALUR DISTRICT- 577548

…APPELLANTS (V/O DTD 19.09.2025 NOTICE TO A TO F ARE H/S (ABSENT))

2 -

NC: 2025:KHC:37971 RSA No. 1745 of 2013

HC-KAR

AND:

RAJAPPA AGED 45 YEARS, S/O HALAPPA,

MUDDAMMA

AGED 50 YEARS, D/O LATE HALAPPA,

BOTH ARE R/AT KURUBARAHALLI VILLAGE, MATTIGATTA POST,KASABA HOBLI, KADUR TALUK, CHICKMAGALUR DISTRICT- 577548

CHANDRAMMA

AGED 50 YEARS, D/O K N ESHWARAPPA, R/AT KURUBARAHALLI VILLAGE, MATTIGATTA POST,KASABA HOBLI, KADUR TALUK, CHICKMAGALUR DISTRICT- 577548

…RESPONDENTS

(BY SRI. D L SURESH., ADVOCATE FOR R1; V/O DTD 28.03.2025, R3 SERVED AND UNREPRESENTED)

THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 3.8.2013 PASSED IN R.A.NO.25/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., KADUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 12.6.2008 PASSED IN O.S.NO.192/2003 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) & JMFC., KADUR.

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

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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NC: 2025:KHC:37971 RSA No. 1745 of 2013

HC-KAR

ORAL JUDGMENT

This appeal was listed on 19.09.2025. Notice to the appellants was issued as the counsel for the appellants had expired. Notice issued to some of the legal representatives of the appellants were served. This court directed the Registry to show the names of all the appellants in the cause list. The matter was ordered to be listed under the caption 'dismissal' in case of no representation.

Today there is no representation on behalf of the appellants. Hence, the appeal is dismissed for

non-prosecution.

SD/(ANANT RAMANATH HEGDE) JUDGE

PHM List No.: 1 Sl No.: 7

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure100¶33

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 3.8.2013 in R.A.No.25/2008 allowing the first appeal (and setting aside the judgment and decree dated 12.6.2008 in O.S.No.192/2003).¶33
Senior Civil Judge & JMFC., Kadur · 3.8.2013
Prior proceeding
Trial court decree in O.S.No.192/2003 passed by the Addl. Civil Judge (Jr.Dn) & JMFC., Kadur dated 12.6.2008, which the first appellate court set aside.¶33
Prior proceeding
Counsel for the appellants had expired during pendency of the appeal; notice was therefore issued to the appellants.¶40

Parties & counsel

AI extract

appellant
K N ESHWARAPPA S/O NANJE GOWDA¶10
appellant
NANJAMMA¶12
appellant
ANNAPPASWAMY¶13
appellant
KUBERAPPA¶14
appellant
PARVATHAMMA¶15
appellant
NAGAMMA¶17
appellant
LEELAVATHI¶18
respondent
RAJAPPA¶25
D L SURESH
respondent
MUDDAMMA¶26
respondent
CHANDRAMMA¶29

Coram

AI extract

ANANT RAMANATH HEGDEauthor¶35

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 22 Sept 2025 · September
Registered: 31 Oct 2013
Case no.: RSA/1745/2013
CNR: KAHC010361482013
Bench: Anant Ramanath Hegde
Disposal: Dismissed for Non-Prosecution
Case type: REGULAR SECOND APPEAL (INJ)

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Cite this judgement

K N Eshwarappa v. Rajappa, RSA/1745/2013 (KA), decided on 22 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 Procedure100

View all statutes

Procedural history3

Judgment and decree dated 3.8.2013 in R.A.No.25/2008 allowing the first appeal (and setting aside the judgment and decree dated 12.6.2008 in O.S.No.192/2003).Senior Civil Judge & JMFC., Kadur · 3.8.2013
Trial court decree in O.S.No.192/2003 passed by the Addl. Civil Judge (Jr.Dn) & JMFC., Kadur dated 12.6.2008, which the first appellate court set aside.
Counsel for the appellants had expired during pendency of the appeal; notice was therefore issued to the appellants.

View full history

Bench / Coram

ANANT RAMANATH HEGDE

Parties & counsel