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Smt Dyavamma Vs Leysegowda — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
Smt Dyavamma Vs LeysegowdaSmt Dyavamma v. Leysegowda

Dismissed¶¶53

Smt Dyavamma v. Leysegowda

Karnataka HC9 Jun 2025RSA/230/2022

Case brief

AI extract

What is this about?

RSA 230/2022 (NC: 2025:KHC:19467), Karnataka HC Bengaluru, decided 09.06.2025 by Justice H.P. Sandesh; appellants Dyavamma (through LRs), Kumara, Ramesha, Keshava (sons/widow of Late Ramegowda) v. respondents Leysegowda, LRs of Late Dushyanthegowda, LRs of Late Narayana (Savithramma, Prasada, Jaganna, Jyothi), Mohankumara, Kalegowda, Yoganna, Rangaswamy, Annegowda; appeal under S.100 CPC from R.A.No.23/2017 (decree 12.11.2020, Senior Civil Judge & JMFC Holenarasipura) confirming O.S.No.79/2009 (decree 17.06.2017, Civil Judge & JMFC Holenarasipura), Hassan District; dismissed for non-prosecution after counsel repeatedly absent (18.03.2025, 22.04.2025, hearing date); concurrent findings on declaration and possession noted via counsel's submission; no precedents cited, no quantum.

What did the court decide?

Having regard to the concurrent finding recorded below and the appellants' counsel's failure to pursue the matter despite opportunities on earlier occasions and repeated calls on the hearing date, the Court concluded that the appellants were not pursuing the matter diligently.

What the court decided

AI extract

Outcome

Dismissed

Ratio / Principle

Having regard to the concurrent finding recorded below and the appellants' counsel's failure to pursue the matter despite opportunities on earlier occasions and repeated calls on the hearing date, the Court concluded that the appellants were not pursuing the matter diligently.

Key takeaways

The Regular Second Appeal was dismissed for non-prosecution (operative sentence runs from ¶52 'Hence, the Regular Second Appeal is dismissed for' into ¶53 'non-prosecution.'); no substantive issues were adjudicated.ratio¶¶52

Detailed headnote1 paragraphs

Dismissal for non-prosecution — High Court of Karnataka (Bengaluru), H.P. Sandesh, J. (single Bench), 09.06.2025, NC: 2025:KHC:19467: Regular Second Appeal No. 230 of 2022, filed 01.02.2022 under Section 100 of CPC against the judgment and decree dated 12.11.2020 in R.A.No.23/2017 (Senior Civil Judge and JMFC, Holenarasipura), which had dismissed the appeal and confirmed the judgment and decree dated 17.06.2017 in O.S.No.79/2009 (Civil Judge and JMFC, Holenarasipura). Counsel for the appellants (Sri. Rajesh Shettigar) did not appear when the matter was listed on 18.03.2025, on 22.04.2025 when it was called twice, nor on the hearing date when it was again called twice in both sessions. Counsel for the caveator/respondent No.1, R3(a) and (b) and R4 (Sri. Gururaj R) submitted that a concurrent finding existed on the relief of declaration and possession and that dismissal of the suit stood confirmed by the Appellate Court. Holding that, in view of the concurrent finding, the appellants were not pursuing the matter diligently, the Court dismissed the RSA for non-prosecution. No substantive issues were adjudicated; no costs or monetary amounts are stated.

A

1 -

NC: 2025:KHC:19467 RSA No. 230 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE H.P.SANDESH

REGULAR SECOND APPEAL NO.230 OF 2022

BETWEEN:

SMT. DYAVAMMA, W/O LATE RAMEGOWDA, (SINCE DEAD HER LRS ALREADY ON RECORD).

KUMARA, S/O LATE RAMEGOWDA, AGED ABOUT 51 YEARS.

BOTH ARE R/O KALLIKOPPALU VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN – 573 211.

Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

RAMESHA, S/O LATE RAMEGOWDA, AGED ABOUT 53 YEARS.

KESHAVA, S/O LATE RAMEGOWDA, AGED ABOUT 49 YEARS.

BOTH APPELLANTS 3 AND 4 ARE R/AT KALLIKOPPALU VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN 573 211.

…APPELLANTS

(BY SRI. RAJESH SHETTIGAR, ADVOCATE - ABSENT)

2 - NC: 2025:KHC:19467 RSA No. 230 of 2022

HC-KAR

AND:

LEYSEGOWDA, S/O LATE MALIGEGOWDA, AGED ABOUT 53 YEARS, KALLIKOPPALU VILLAGE, DODDABYAGATHAVALLI POST, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN-573 211.

LATE DUSHYANTHEGOWDA, S/O LATE MALIGEGOWDA, AGED ABOUT 63 YEARS, B.A.R. POLICE DRIVER, HOSALINE, HASSAN-573211, DEAD LR'S ALREADY ON RECORD.

NARAYANA, D/O LATE MALIGEGOWDA, SINCE DEAD BY LR'S.

3(a) SAVITHRAMMA, W/O NARAYANA, AGED ABOUT 61 YEARS.

3(b) PRASADA, S/O LATE NARAYANA, AGED ABOUT 40 YEARS.

3(c) JAGANNA, S/O LATE NARAYANA, AGED ABOUT 36 YEARS, KSRTC DRIVER.

3(d) JYOTHI, W/O KUMARA.

RESPONDENTS NO.3(a) TO 3(d) ARE R/AT D.NO.17,

BESIDE GREENHOOD ENGLISH SCHOOL, HOUSING BOARD, HOLENARASIPURA TOWN,

3 - NC: 2025:KHC:19467 RSA No. 230 of 2022

HC-KAR

HOLENARASIPUR TALUK, HASSAN DISTRICT – 573 211.

MOHANKUMARA, S/O LATE MALIGEGOWDA, AGED ABOUT 55 YEARS, TELEPHONE OFFICER, ARAKALAGUDU OFFICE, ARAKALAGUDU-573 102.

KALEGOWDA, S/O MOGANNAGOWDA, AGED ABOUT 76 YEARS, RETIRED TEACHER, CHITTANAHALLI COLONY, HOUSING BOARD, HOLENARASIPURA, HASSAN-573 211.

YOGANNA, S/O GOWDEGOWDA, AGED ABOUT 51 YEARS, KALLIKOPPALU VILLAGE, DODDABYAGATHAVALLI, HOLENARASIPURA TALUK, HASSAN-573 211.

RANGASWAMY, S/O LATE KALEGOWDA, AGED ABOUT 58 YEARS, DASEGOWDARA BEDHI, KOTE, HOLENARASIPURA, HASSAN-573 211.

ANNEGOWDA, S/O THOTEGOWDA, AGED ABOUT 76 YEARS, GANJALAGUDU VILLAGE, ARAKALAGUDU TALUK, HASSAN-573 102.

…RESPONDENTS

(BY SRI. GURURAJ R, ADVOCATE FOR C/R1, R3(a & b) AND R4)

4 - NC: 2025:KHC:19467 RSA No. 230 of 2022

HC-KAR

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 12.11.2020 PASSED IN R.A.NO.23/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 17.06.2017 PASSED IN O.S.NO.79/2009 ON THE FILE OF THE CIVIL JUDGE, AND JMFC, HOLENARASIPURA.

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

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

This appeal was filed on 01.02.2022. Though the office objections are complied subsequently, when the matter was listed for admission on 18.03.2025, there was no representation on behalf of the appellants. However, this Court ordered to re-list the matter in the third week of April 2025. On 22.04.2025, the matter was called twice and none appeared for the appellants. Hence, the case was ordered to be listed after summer vacation 2025.

The learned counsel for the caveator/respondent No.1, respondent Nos.3(a) and (b) and respondent No.4 is present and submits that there is a concurrent finding for the relief of declaration and possession and the suit was dismissed and the same is confirmed by the Appellate Court.

5 - NC: 2025:KHC:19467 RSA No. 230 of 2022

HC-KAR

Inspite of an opportunity was given to the learned counsel for the appellants, he did not pursue the matter in the earlier two occasions and today also there is no representation on behalf of the appellants when the matter is called twice both in the morning session and in the afternoon session. Hence, it is clear that in view of the concurrent finding, the learned counsel for the appellants is not pursuing the matter diligently.

Hence, the Regular Second Appeal is dismissed for

non-prosecution.

Sd/(H.P.SANDESH) JUDGE

MD List No.: 1 Sl No.: 47

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil ProcedureSection 100¶¶43

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 12.11.2020 in R.A.No.23/2017 dismissing the first appeal and confirming the trial court's judgment and decree dated 17.06.2017 in O.S.No.79/2009.¶¶43
Senior Civil Judge and JMFC, Holenarasipura · 2020-11-12
Prior proceeding
Original suit O.S.No.79/2009 before the Civil Judge and JMFC, Holenarasipura ended in a judgment and decree dated 17.06.2017, which the first appellate court confirmed.¶¶43
Prior proceeding
First appeal R.A.No.23/2017 before the Senior Civil Judge and JMFC, Holenarasipura was dismissed by judgment and decree dated 12.11.2020 — the decision challenged in this RSA.¶¶43
Prior proceeding
This RSA was filed on 01.02.2022; office objections were complied with subsequently.¶¶47
Prior proceeding
When listed for admission on 18.03.2025 there was no representation for the appellants; the Court re-listed the matter for the third week of April 2025.¶¶47
Prior proceeding
On 22.04.2025 the matter was called twice and none appeared for the appellants; the case was ordered to be listed after summer vacation 2025.¶¶47
Prior proceeding
On the date of hearing, despite two calls in both the morning and afternoon sessions, there was again no representation for the appellants.¶¶51

Parties & counsel

AI extract

appellant
Smt. Dyavamma, W/o Late Ramegowda (since dead; her LRs already on record)¶¶10
Sri. Rajesh Shettigar
appellant
Kumara, S/o Late Ramegowda¶¶11
Sri. Rajesh Shettigar
appellant
Ramesha, S/o Late Ramegowda¶¶14
Sri. Rajesh Shettigar
appellant
Keshava, S/o Late Ramegowda¶¶15
Sri. Rajesh Shettigar
respondent
Leysegowda, S/o Late Maligegowda¶¶22
Sri. Gururaj R
respondent
Late Dushyanthegowda, S/o Late Maligegowda (dead; LR's already on record)¶¶23
respondent
Narayana, D/o Late Maligewda (printed 'MALIGEGOWDA'), since dead, represented by LR's¶¶24
respondent
Savithramma, W/o Narayana (LR 3(a))¶¶25
Sri. Gururaj R
respondent
Prasada, S/o Late Narayana (LR 3(b))¶¶26
Sri. Gururaj R
respondent
Jaganna, S/o Late Narayana (LR 3(c))¶¶27
respondent
Jyothi, W/o Kumara (LR 3(d))¶¶28
respondent
Mohankumara, S/o Late Maligegowda¶¶34
Sri. Gururaj R
respondent
Kalegowda, S/o Mogannagowda¶¶35
respondent
Yoganna, S/o Gowdegowda¶¶36
respondent
Rangaswamy, S/o Late Kalegowda¶¶37
respondent
Annegowda, S/o Thotegowda¶¶38

Coram

AI extract

Hon'ble Mr. Justice H.P. Sandeshauthor¶¶45

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 9 Jun 2025 · June
Registered: 3 Feb 2022
Case no.: RSA/230/2022
CNR: KAHC010056482022
Bench: H.p.sandesh
Disposal: Dismissed for Non-Prosecution
Case type: Regular Second Appeal

All orders in this case

2 orders share this CNR

9 Jun 2025Order 1 — this page · H.p.sandesh
10 Aug 2026Order 2

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Cite this judgement

Smt Dyavamma v. Leysegowda, RSA/230/2022 (KA), decided on 9 June 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 ProcedureSection 100

View all statutes

Procedural history7

Judgment and decree dated 12.11.2020 in R.A.No.23/2017 dismissing the first appeal and confirming the trial court's judgment and decree dated 17.06.2017 in O.S.No.79/2009.Senior Civil Judge and JMFC, Holenarasipura · 2020-11-12
Original suit O.S.No.79/2009 before the Civil Judge and JMFC, Holenarasipura ended in a judgment and decree dated 17.06.2017, which the first appellate court confirmed.
First appeal R.A.No.23/2017 before the Senior Civil Judge and JMFC, Holenarasipura was dismissed by judgment and decree dated 12.11.2020 — the decision challenged in this RSA.

View full history

Bench / Coram

Hon'ble Mr. Justice H.P. Sandesh

Parties & counsel