Disposed¶37

H T Swamygowda v. M/S Manjunatha Estates

Karnataka HC11 Sept 2025RSA/694/2012

Case brief

AI extract

What is this about?

Abatement of Section 100 second appeal on death of sole appellant H.T. Swamygowda (died 07.10.2024; memo dated 01.09.2025 by counsel for R2 K.V. Narasimhan); failure to substitute legal representatives; appeal from R.A.No.45/2008, Principal District Judge, Hassan (decree 10.10.2011) challenging O.S.No.55/2000, Principal Civil Judge (Sr.Dn.), Hassan (decree 21.02.2008); appeal abates by operation of law; ordered accordingly; no relief granted; High Court of Karnataka, Justice Pradeep Singh Yerur, decision dated 11.09.2025.

What did the court decide?

No substantive relief adjudicated; the appeal was declared abated by operation of law ('Ordered accordingly'), leaving the decrees in O.S.No.55/2000 and R.A.No.45/2008 undisturbed. ¶37

H T Swamygowda Vs M/S Manjunatha Estates — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:36435 RSA No. 694 of 2012

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 694 OF 2012 (RES)

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BETWEEN:

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H.T. SWAMYGOWDA, S/O LATE THIMMEGOWDA, AGED ABOUT 62 YEARS, R/O NO.546, S.J.PARK ROAD, K.R. PURAM, HASSAN - 573 201.

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…APPELLANT

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(BY SRI SHARATH S. GOWDA, ADVOCATE)

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AND:

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M/S MANJUNATHA ESTATES, MUTTIGE VILLAGE, AGE MAJOR K. HOSKOTE HOBLI, ALUR TALUK HASSAN - 573 201.

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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H.T. ANNAJI, S/O LATE THIMMEGOWDA, AGED MAJOR, R/AT SREE DURGA NILAYA, K.R.PURAM, HASSAN - 573 201.

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SHYLA ANNAJI B.J., W/O ANNAJI, AGED MAJOR, R/AT SREE DURGA NILAYA, K.R.PURAM, HASSAN - 573 201.

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GIRIJA RAO, W/O ANNAJI, AGED MAJOR, R/A MANJUNATHA TRANSPORT, RAVINDRA NAGARA, HASSAN - 573 201.

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NC: 2025:KHC:36435 RSA No. 694 of 2012

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HC-KAR

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H.T. JAYARAM, S/O LATE THIMMEGOWDA, AGED MAJOR, R/O NO.546, S.J.PARK ROAD, K.R. PURAM, HASSAN - 573 201.

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H.T. VENKATESH, S/O LATE THIMMEGOWDA, AGED MAJOR, BOMBELAKU, 1^ST MAIN, HEMAVATHINAGARA, HASSAN - 573 201.

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H.A. KIREET, S/O H.T. ANNAJI, AGED ABOUT 38 YEARS, R/A SREE DURGA NILAYA, K.R. PURAM, HASSAN - 573 201.

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H.A. KIRAN, S/O H.T. ANNAJI, AGED ABOUT 36 YEARS, R/AT SREE DURGA NILAYA, K.R. PURAM, HASSAN - 573 201.

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…RESPONDENTS

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(BY SRI K.V. NARASIMHAN, ADVOCATE FOR C/R2; SRI SRIHARI A.V., ADVOCATE FOR R5 AND R6; VIDE ORDER DATED 14.03.2013, SERVICE OF NOTICE TO R1 IS HELD SUFFICIENT; R3, R4, R7, R8 SERVED)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 10.10.2011 PASSED IN R.A.NO.45/2008 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE AT HASSAN AND JUDGMENT AND DECREE DATED 21.02.2008 PASSED IN O.S.NO.55/2000 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN), HASSAN.

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

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NC: 2025:KHC:36435 RSA No. 694 of 2012

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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ORAL JUDGMENT

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Learned counsel for appellant and learned counsel for

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respondents are present.

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Learned counsel for respondent No.2 has filed a memo dated 01.09.2025 reporting the death of the sole appellant, who died on 07.10.2024.

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Till date, no steps are taken to bring the legal representatives of the deceased sole appellant on record. Hence, by operation of law, the appeal abates .

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Ordered accordingly.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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CPN List No.: 1 Sl No.: 9 CT: BHK

H T Swamygowda v. M/S Manjunatha Estates

Case brief

What is this about?

What did the court decide?

H T Swamygowda v. M/S Manjunatha Estates

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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