Dismissed¶29

Smt. Shivanagamma M K v. Smt. Ujjamma

Karnataka HC19 Jun 2025RSA/1997/2012

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), Justice Anant Ramanath Hegde, 19.06.2025: RSA No. 1997 of 2012 arising from OS.No.144/2004 and R.A.No.17/2008 (Soraba/Sorab courts) dismissed for non-prosecution on the ground that counsel had no instructions from the appellant for two years; appeal of 2012 not adjourned; no merits decided, no cases cited, no quantum involved.

What did the court decide?

The Regular Second Appeal is dismissed for non-prosecution; the Court found no reason to adjourn the matter even though learned counsel for the appellant submitted that he had no instructions from the appellant since the last two years. ¶29

Smt. Shivanagamma M K Vs Smt. Ujjamma — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:21286 RSA No. 1997 of 2012

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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 19^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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REGULAR SECOND APPEAL No. 1997 OF 2012 (PAR)

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BETWEEN:

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SMT. SHIVANAGAMMA M. K., W/O MAHABALESHWARAPPA GOWDA, AGED ABOUT 52 YEARS, R/AT SUNNADAKOPPA VILLAGE, SHIKARIPURA TALUK, SHIMOGA DISTRICT-577 427.

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…APPELLANT

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(BY SRI R. GOPAL, ADVOCATE)

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AND:

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Digitally signed by VALLI MARIMUTHU

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Location: HIGH COURT OF KARNATAKA

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SMT. UJJAMMA, W/O GADIGEPPA, AGED ABOUT 78 YEARS, SINCE DECEASED, APPELLANT, R2 AND R3 ARE ALREADY ON RECORD AS HER LRS.

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MALLIKARJUNAPPA, S/O GADIGEPPA KAMANAHALLI, AGED ABOUT 54 YEARS, R/AT LAKKAVALLI VILLAGE, ANAVATTI HOBLI, SORAB TALUK, SHIMOGA DISTRICT-577429.

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SHIVANANDAPPA, S/O GADIGEPPA KAMANAHALLI, AGED MAJOR, R/AT YENNEKOPPA VILLAGE, ANAVATTI HOBLI,

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2 - NC: 2025:KHC:21286 RSA No. 1997 of 2012

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HC-KAR

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SORAB TALUK, SHIMOGA DISTRICT-577429.

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…RESPONDENTS

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(BY SRI P. RUDRAPPA, ADVOCATE FOR R2; VIDE ORDER DATED 04.08.2023, APPELLANT AND R2 & R3 ARE TREATED AS LRS OF R1; R3 IS SERVED)

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THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED 13.12.2011 PASSED IN R.A.No.17/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., SORABA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.12.2007 PASSED IN OS.No.144/2004 ON THE FILE OF THE CIVIL JUDGE (JR.DN) & JMFC., SORAB.

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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 ANANT RAMANATH HEGDE

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ORAL JUDGMENT

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Learned counsel for the appellant submits that he

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has no instructions from the appellant since last two years.

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The appeal is of the year 2012. This Court finds no reasons to adjourn the matter. Hence, the appeal is dismissed for non-prosecution.