Dismissed¶35

Sri Thimmaiah v. Sri Ramaswamy

Karnataka HC18 Aug 2025RSA/698/2014

Case brief

AI extract

What is this about?

Regular second appeal; abatement on appellant's death (17.12.2023); Section 100 CPC; High Court of Karnataka; RSA 698/2014; RA 47/2007 Chickballapur; OS 197/2004 Chickaballapur; Thimmaiah v. LRs of Ramaswamy (Ramakka, Narayana Swamy, Byrareddy, Sharadamma, Rathnamma); Nallimaradahalli village, Kasaba hobli, Chikkaballapura taluk; NC: 2025:KHC:31882; decided 18.08.2025 by Justice Anant Ramanath Hegde; dismissed as abated, none appearing; no substantive ruling.

What did the court decide?

Since the appellant died on 17.12.2023 (recorded via the respondents' counsel's memo) and none appeared for the appellant, the regular second appeal was dismissed as abated; no substantive adjudication of the underlying dispute took place. ¶35

Sri Thimmaiah Vs Sri Ramaswamy — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:31882 RSA No. 698 of 2014

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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 18^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 698 OF 2014 (DEC)

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BETWEEN:

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SRI. THIMMAIAH S/O DODDA THIMMAIAH AGED ABOUT 85 YEARS R/O NALLIMARADAHALLI VILLAGE, KASABA HOBLI, CHIKKABALLAPURA TALUK - 562 101.

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…APPELLANT

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(BY SRI. D.S. VIJAYENDRA REDDY, ADVOCATE (ABSENT))

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AND:

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

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SRI. RAMASWAMY DIED BY HIS LRS.,

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SMT. RAMAKKA W/O LATE RAMASWAY, AGED ABOUT 80 YEARS

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SRI NARAYANA SWAMY S/O LATE RAMASWAMY AGED ABOUT 55 YEARS

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SRI. BYRAREDDY S/O LATE RAMASWAMY AGED ABOUT 53 YEARS RESPONDENT LR'S

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NC: 2025:KHC:31882 RSA No. 698 of 2014

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HC-KAR

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SMT. SHARADAMMA S/O LATE RAMASWAMY AGED ABOUT 51 YEARS

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SMT. RATHNAMMA S/O LATE RAMASWAMY AGED ABOUT 49 YEARS

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ALL ARE R/O NALLIMARADAHALLI LVILLAGE, KASABA HOBLI, CHIKKABALLAPURA TALUK - 562 101.

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…RESPONDENTS

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(BY SRI. P.N. VARADARAJA, ADVOCATE FOR R2 TO R5; R1 - APPEAL ABATED VIDE COURT ORDER DATED 26.03.2025)

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THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED 21.02.2014 PASSED IN R.A.NO.47/2007 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHICKBALLAPUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.11.2006 PASSED IN OS.NO.197/2004 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC, CHICKABALLAPUR.

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

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CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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ORAL JUDGMENT

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It is submitted that appellant died on 17.12.2023.

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Memo filed by counsel for respondents to this effect and same is taken on record.

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NC: 2025:KHC:31882 RSA No. 698 of 2014