Sri. Basavanaika v. Late Rathnamma @ Sharadamma
Case brief
What is this about?
High Court of Karnataka at Bengaluru | RSA No. 2095 of 2023 (DEC/INJ) | Section 100 CPC second appeal | Basavanaika v. LRs of late Rathnamma @ Sharadamma (respondents incl. Mahesh Kumara, Bangaranaika, Kumara, Mahadevanaika) | impugned: judgment/decree dt. 11.01.2022 in RA No.371/2019 (III Addl. District & Sessions Judge, Mysuru) which set aside judgment/decree dt. 05.07.2019 in OS No.108/2014 (Senior Civil Judge, Nanjangud) | defendant's counter claim not considered by First Appellate Court | 540-day delay condoned with Rs.1,000/- cost to Karnataka High Court Legal Services Committee | appeal allowed without adverting to substantial questions of law; matter remanded for fresh disposal | Justice V Srishananda | decided 11.09.2025.
What did the court decide?
Appeal allowed without adverting to the substantial questions of law; judgment and decree dated 11.01.2022 in RA No.371/2019 set aside; matter remitted to the First Appellate Court for fresh disposal in accordance with law, taking note of the counter claim and dismissal of the suit and appeal filed by the plaintiff; delay of 540 days condoned subject to payment of cost of Rs.1,000/- to the Karnataka High Court Legal Services Committee.