Dismissed¶25

Halkuraiah v. H.N. Mallashetty

Karnataka HC26 Nov 2025RSA/1780/2022

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), RSA No. 1780 of 2022, decided 26.11.2025 by H.P. Sandesh, J.: second appeal under Section 100 CPC against R.A.No.56/2016 (Senior Civil Judge and JMFC, Tiptur, judgment dated 03.01.2022) confirming the decree dated 15.07.2016 in O.S.No.273/2008 (Principal Civil Judge and JMFC, Tiptur); appeal dismissed for non-prosecution as appellant's counsel (S.S. Parikshit) remained absent despite the warning in the order dated 11.11.2025; no merits adjudicated; no costs or amounts mentioned.

What did the court decide?

The appeal is dismissed for non-prosecution because, despite the order dated 11.11.2025 granting a further opportunity with a warning, the learned counsel for the appellant was again absent when the matter was called. ¶25

Halkuraiah Vs H.N. Mallashetty — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:48999 RSA No. 1780 of 2022

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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 26^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE H.P.SANDESH

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REGULAR SECOND APPEAL NO.1780 OF 2022 (SP)

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BETWEEN:

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HALKURAIAH,

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AGED ABOUT 82 YEARS, S/O LATE HUCHAIAH, R/AT KANCHUGARANAHALLI, HONNAVALLY HOBLI, TIPTUR TALUK, TUMKUR DISTRICT-572227

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…APPELLANT

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(BY SRI S.S. PARIKSHIT, ADVOCATE – ABSENT)

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AND:

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Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

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H.N. MALLASHETTY, S/O LATE NAGANNASHETTY, AGED ABOUT 67 YEARS, RETIRED SUB INSPECTOR OF POLICE, R/AT BEHIND SRI LAKSHMINARAYANA TEMPLE, HONNAVALLY HOBLI, TIPTUR TALUK, TUMKUR DISTRICT-572227.

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…RESPONDENT

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THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.01.2022 PASSED IN R.A.NO.56/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TIPTUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.07.2016 PASSED IN O.S.NO.273/2008 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, TIPTUR.

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NC: 2025:KHC:48999 RSA No. 1780 of 2022

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HC-KAR

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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 H.P.SANDESH

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ORAL JUDGMENT

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This matter was listed before this Court on 11.11.2025 and inspite of the matter was called twice, none appeared on behalf of the appellant. However, this Court in the ends of justice granted one more opportunity to the counsel for the appellant and also made it clear that if the learned counsel for the appellant does not appear on the next date of hearing, the appeal will be dismissed for non-prosecution. Inspite of the said order, the learned counsel for the appellant is not present today. Hence, the appeal is dismissed for non-prosecution in view of the order dated 11.11.2025.

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Sd/(H.P.SANDESH) JUDGE

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List No.: 1 Sl No.: 24

Halkuraiah v. H.N. Mallashetty

Case brief

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Halkuraiah v. H.N. Mallashetty

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