Dismissed¶32

Rajaram v. M P Govindappa

Karnataka HC13 Jun 2025RSA/530/2011

Case brief

AI extract

What is this about?

Dismissal for non-prosecution; RSA No. 530 of 2011; High Court of Karnataka, Bengaluru; decided 13 June 2025; Justice Anant Ramanath Hegde (single judge, oral judgment); appellants Rajaram and Girijamma absent and unrepresented; counsel permitted to retire from brief vide order dated 06.06.2025; challenge under Section 100 CPC to appellate judgment dated 04.11.2010 in R.A.No.271/2008 confirming decree dated 04.08.2008 in O.S.370/2005 (Kolar courts); no merits argued, no quantum, no precedent engaged; respondent 3 deceased; advocate Venkatesh R Bhagat for respondents 1, 2 and 4 to 6.

What did the court decide?

Since there was no representation on behalf of the appellants, whose counsel had been permitted to retire from the brief by order dated 06.06.2025, the Regular Second Appeal was dismissed for non-prosecution. ¶32

Rajaram Vs M P Govindappa — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:20285 RSA No. 530 of 2011

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 530 OF 2011 (RES)

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BETWEEN:

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RAJARAM, S/O P RAMACHANDRAPPA, R/AT MARENAHALLI VILLAGE, NOW AT SRINIVASPUR TOWN, KOLAR DISTRICT, PIN - 563101.

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GIRIJAMMA, W/O LATE RAMACHANDRAPPA, R/AT SRINIVASPUR TOWN, BEHIND BALANJANEYA TEMPLE, MADANAHAPALLI ROAD, KOLAR DISTRICT, PIN - 563101.

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Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA

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(SRI RAJARAM - APPELLANT NO.1, SMT GIRIJAMMA - APPELLANT NO.2 NO REPRESENTATION ABSENT)

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AND:

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…APPELLANTS

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M P GOVINDAPPA, S/O LATE PAPANNA, AGED ABOUT 85 YEARS,

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R PARTHASARATHI, S/O.P RAMACHANDRAPPA, AGED ABOUT 68 YEARS,

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R KRISHNAMURTHY,

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2 - NC: 2025:KHC:20285 RSA No. 530 of 2011

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HC-KAR

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S/O.P RAMACHANDRAPPA, AGED ABOUT 63 YEARS,

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R NAGARAJA, S/O.P RAMACHANDRAPPA, AGED ABOUT 61 YEARS,

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VENUGOPAL, S/O P RAMACHANDRAPPA, AGED ABOUT 53 YEARS,

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M R SRIPATHI, S/O.P RAMACHANDRAPPA, AGED ABOUT 43 YEARS, RESPONDENTS NO.1 TO 6 ARE ALL R/AT MARENAHALLI VILLAGE, KOLAR TALUK, KOLAR DISTRICT, PIN - 563101.

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…RESPONDENTS (BY SRI VENKATESH R BHAGAT, ADV. FOR R1, R2 & R4 TO R6, R3 IS DECEASED)

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THIS RSA IS FILED U/S 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 04.11.2010 PASSED IN R.A.NO.271/2008 ON THE FILE OF THE PRL. CIVIL JUDGE, (SR. DN.) AND CJM, KOLAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 04.08.2008 PASSED IN O.S.370/2005 ON THE FILE OF THE I-ADDL. CIVIL JUDE (JR. DN.), KOLAR.

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

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CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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3 - NC: 2025:KHC:20285 RSA No. 530 of 2011

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HC-KAR

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ORAL JUDGMENT

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This Court vide order dated 06.06.2025 had permitted the learned counsel for the appellants to retire from the brief. There was no representation on behalf of the appellants and the appellants' name was shown in the cause list.

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