Dismissed¶44

Sri Channabasappa v. Smt Rathnamma

Karnataka HC22 Sept 2025RSA/599/2018

Case brief

AI extract

What is this about?

NC: 2025:KHC:37993; RSA No. 599 of 2018; High Court of Karnataka at Bengaluru; decided 22.09.2025 by Dr. Justice K. Manmadha Rao; Regular Second Appeal under Section 100 CPC 1908 against judgement and decree dated 29.07.2017 in R.A. No. 72/2016 (I Additional Senior Civil Judge, Davangere) confirming decree dated 21.04.2016 in O.S. No. 305/2008 (Additional Civil Judge, Davangere); appellant Channabasappa absent, no representation, notice served personally, counsel not engaged; appeal dismissed for non-prosecution; no merits adjudicated; no precedents cited; no monetary award.

What did the court decide?

When the matter came up, there was no representation on behalf of the appellant. ¶40

Sri Channabasappa Vs Smt Rathnamma — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:37993 RSA No. 599 of 2018

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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 22^ND DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 599 OF 2018

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BETWEEN:

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SRI CHANNABASAPPA

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S/O LATE B K BASAVARAJAPPA AGED ABOUT 52 YEARS

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R/A TARALABALU NAGAR 6^TH MILE STONE DAVANAGERE-577 006

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… APPELLANT

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(BY SRI. CHANNABASAPPA, ADVOCATE - ABSENT)

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AND:

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SMT RATHNAMMA W/O LATE SHANMUKHAPPA AGED ABOUT 47 YEARS

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Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA

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K S NAGARAJ S/O LATE SHANMUKHAPPA AGED ABOUT 25 YEARS

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K S SUDHA

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D/O LATE SHANMUKHAPPA AGED ABOUT 23 YEARS

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K S SIDDESH

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S/O LATE SHANMUKHAPPA AGED ABOUT 22 YEARS RESPONDENTS 1 TO 4 ARE R/AT TARALABALU NAGAR

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2 - NC: 2025:KHC:37993 RSA No. 599 of 2018

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HC-KAR

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6^TH MILE STONE DAVANAGERE-577 006

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B K NIRMALA

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D/O LATE B K BASAVARAJAPPA AGED ABOUT 38 YEARS R/AT BELAVANUR VILLAGE P.O. BELAVANUR

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DAVANAGERE TALUK AND DISTRICT - 577 008.

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SMT BASAMMA W/O CHANDRAPPA AGED ABOUT 53 YEARS R/AT EMMANABETUR VILLAGE P.O. EMMANABETUR DAVANAGERE TALUK AND DISTRICT - 577 005

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SMT JAYAMMA W/O KARIBASAPPA AGED ABOUT 49 YEARS

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R/AT BORAGONDANAHALLI VILLAGE P.O. BORAGONDANAHALLI DAVANAGERE TALUK AND DISTRICT - 577 006.

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8. SHIVALINGAPPA

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S/O SOMASHEKARAPPA AGED ABOUT 61 YEARS

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R/AT SHIRAMAGONDANAHALLI VILLAGE P.O SHIRAMAGONDANAHALLI

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DAVANAGERE TALUK AND DISTRICT - 577 005.

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… RESPONDENTS

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THIS RSA IS FILED U/S. 100 OF CPC., 1908 AGAINST THE JUDGEMENT AND DECREE DTD 29.07.2017 PASSED IN R.A.NO. 72/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, DAVANAGERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 21.04.2016 PASSED IN O.S.NO.305/2008 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE, DAVANAGERE.

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3 - NC: 2025:KHC:37993 RSA No. 599 of 2018

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HC-KAR

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THIS RSA COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

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ORAL ORDER

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There is no representation on behalf of the appellant.

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Perused the letter dated 21.06.2023 received

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from the Principal District and Sessions Judge, Davangere. Though court notice has been served on the appellant personally, appellant has not taken steps to engage the services of a counsel.

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It appears that the appellant is not interested in prosecuting the matter.

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non-prosecution.

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Sd/(DR.K.MANMADHA RAO) JUDGE

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Sri Channabasappa v. Smt Rathnamma

Case brief

What is this about?

What did the court decide?

Sri Channabasappa v. Smt Rathnamma

Case brief

What is this about?

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What the court decided

Statutes considered

Procedural history

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