Disposed¶32

Sri Syed Kaleem v. Sri Chikkanne Gowda

Second Appeal – Maintainability

Karnataka HC17 Dec 2025RSA/1805/2025

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What is this about?

Karnataka HC, RSA No.1805/2025 (SP), Syed Kaleem (dead) LRs v. Chikkanne Gowda (dead) LRs; second appeal under S.100/Order 42 Rule 1 CPC against 02.03.2024 order in R.A.No.5050/2023 (dismissal of first appeal for non-prosecution; setting aside decree dated 19.01.2006 in O.S.No.130/2002, CJ(JD) & JMFC Kanakapura); disposed as not maintainable u/S 100 CPC; liberty granted to seek restoration before Lower Appellate Court; certified copy to be returned; Judge H.P. Sandesh; decided 17.12.2025.

What did the court decide?

Liberty granted to the appellants to approach the Lower Appellate Court for restoration of the appeal; Registry directed to return the certified copy of the order impugned. ¶32

Sri Syed Kaleem Vs Sri Chikkanne Gowda — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:53733 RSA No. 1805 of 2025

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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 17^TH DAY OF DECEMBER, 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.1805 OF 2025 (SP)

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BETWEEN:

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SRI. SYED KALEEM

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SINCE DEAD BY HIS LRS.

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SMT. NAYARA PARVEEN S/O LATE SYED KALLEM AGED ABOUT 60 YEARS R/AT ACCHALU VILLAGE KASABA HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117.

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Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

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SMT. AYESHA PARVEEN D/O LATE SYED KALEEM AGED ABOUT 36 YEARS R/AT ACCHALU VILLAGE KASABA HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117.

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SRI. SYED NADEEM S/O LATE SYED KALEEM AGED ABOUT 34 YEARS R/AT ACCHALU VILLAGE KASABA HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117

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…APPELLANTS

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(BY SRI. BHAT GANAPATHI NARAYANA, ADVOCATE)

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2 - NC: 2025:KHC:53733 RSA No. 1805 of 2025

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HC-KAR

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AND:

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SRI. CHIKKANNE GOWDA SINCE DEAD BY HIS LRS

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SMT. CHANDRAMMA W/O LATE CHIKKANNEK GOWDA AGED ABOUT 80 YEARS R/AT UPAKERE DODDI VILLAGE ACHALU POST SATHANUR HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117.

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SRI SURESH S/O LATE CHIKKANNEKGOWDA AGED ABOUT 53 YEARS R/AT UPAKERE DODDI VILLAGE ACHALU POST SATHANUR HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117.

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SRI. S. PRAKASH S/O LATE CHIKKANNE GOWDA AGED ABOUT 51 YEARS R/AT UPAKERE DODDI VILLAGE ACHALU POST SATHANUR HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117.

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SMT. KEMPAJAMMA D/O LATE CHIKKANNEK GOWDA AGED ABOUT 53 YEARS R/AT MAKALANDA VILLAGE UYYAMBALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117.

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…RESPONDENTS

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3 - NC: 2025:KHC:53733 RSA No. 1805 of 2025

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HC-KAR

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THIS RSA IS FILED UNDER SECTION 100 ORDER 42 RULE 1 OF CPC, AGAINST THE SET ASIDE THE ORDER DATED 02.03.2024, IN R.A.NO.5050/2023 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, SITTING AT KANAKAPURA, RAMANAGARA DISTRICT BY DISMISSING THE APPEAL FOR NON PROSECUTION FILED BY THE APPELLANTS AND CONSEQUENTLY SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.01.2006 IN O.S.NO.130/2002 PASSED BY THE CIVIL JUDGE (JUNIOR DIVISION) AND JMFC AT KANAKAPURA.

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THIS APPEAL COMING ON FOR ORDERS 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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Learned counsel for the appellants seeks liberty of this Court to approach the Lower Appellate Court for restoration of the appeal. Hence, liberty as sought is granted.

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Accordingly, this second appeal is disposed of as not

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maintainable in view of Section 100 of CPC.

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The Registry is directed to return the certified copy of the order impugned.

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Sd/(H.P.SANDESH) JUDGE

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List No.: 1 Sl No.: 18