Dismissed¶64

Smt Hanumavva v. Sri B Puttappa

Karnataka HC12 Jun 2025RSA/701/2007

Case brief

AI extract

What is this about?

Karnataka High Court at Bengaluru; RSA No. 701 of 2007 (PAR); single judge (Anant Ramanath Hegde, J.); decided 12.06.2025 by dismissal for non-prosecution; appellants unrepresented as their counsel had retired; Section 100 CPC second appeal against reversal, in R.A.No.42/2000, of the decree in O.S.No.188/1987 (Civil Judge (Sr.Dn.), Davanagere); no precedent cited and no issue of law or merit decided; procedural value only.

What did the court decide?

Learned counsel for the appellants had retired and none appeared for the appellants. ¶61

Smt Hanumavva Vs Sri B Puttappa — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:20247 RSA No. 701 of 2007

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^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. 701 OF 2007 (PAR)

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BETWEEN:

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SMT. HANUMAVVA, SINCE DEAD BY LRS,

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1(A) SRI KRISHNAMURTHY @ KRISHNAPPA, AGED 38 YEARS.

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1(B) SRI ANAND, AGED 28 YEARS.

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1(C) SRI GANESH, AGED 28 YEARS, (A) TO (C) ARE SONS OF LATE SRI. AVARAGERE NAGAPPA.

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Digitally signed by KAVYA R Location: High Court of Karnataka

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1(D) SMT SHARADAMMA, S/O LATE MARUTHAPPA, AGED 39 YEARS.

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1(E) SMT. MANJAMMA, W/O SRI C.K. BASAVARAJAIAH, (D) AND (E) ARE DAUGHTERS OF LATE SRI AVARAGERE NAGAPPA AND (A) TO (E) ARE ALL R/A OPP: SRI BANNI MAHAKALI TEMPLE, 17^TH CROSS, K.T.J. NAGAR, DAVANGERE - 577 002.

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SRI AVARAGERE NAGAPPA, SINCE DECD BY HIS LRS.

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2(A) SRI KRISHNAMURTHY @ KRISHNAPPA,

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2 - NC: 2025:KHC:20247 RSA No. 701 of 2007

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HC-KAR

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AGED 38 YEARS.

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2(B) SRI ANAND, AGED 28 YEARS.

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2(C) SRI GANESH, AGED 28 YEARS, (A) TO (C) ARE SONS OF LATE SRI AVARAGERE NAGAPPA.

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2(D) SMT. SHARADAMMA, S/O LATE MARUTHAPPA, AGED 39 YEARS.

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2(E) SMT. MANJAMMA, W/O SRI. C.K. BASAVARAJAIAH, (D) AND (E) ARE DAUGHTERS OF LATE SRI AVARAGERE NAGAPPA AND (A) TO (E) ARE ALL R/A OPP: SRI BANNI MAHAKALI TEMPLE, 17^TH CROSS, K.T.J. NAGAR, DAVANGERE - 577 002

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…APPELLANTS

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(BY SRI KRISHNAMURTHY @ KRISHNAPPA, A2(A) APPELLANT VIDE ORDER DATED 05.06.2025, A2(B) - ANAND, A2(C) - GANESH, A2(D) - SHARADAMMA, A2(E) - MANJAMMA, VIDE ORDER DATED 18.01.2021, APPELLANTS 2(A TO E) ARE LR'S OF APPELLANT NO.1)

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AND:

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SRI B. PUTTAPPA, S/O LATE SRI BYADGI SHIVAPPA, AGED ABOUT 65 YEARS.

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SRI B.GANESHAPPA, S/O LATE SRI BYADGI SHIVAPPA, AGED ABOUT 55 YEARS, BOTH ARE R/O DODDAPETE, DAVANGERE - 1.

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NC: 2025:KHC:20247 RSA No. 701 of 2007

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HC-KAR

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SRI VEERABHDARAPPA, SINCE DEAD BY HIS LRS,

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3(A) SMT. DEVEERAMMA, W/O. LATE SRI VEERABHDARAPPA, AGED 52 YEARS,

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3(B) SMT. SHIVALEELA, D/O LATE SRI VEERABHDARAPPA, AGED 28 YEARS,

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3(C) SMT. SAVITHA, D/O LATE SRI VEERABHDARAPPA, AGED 26 YEARS,

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(A) TO (C) ARE R/A 6^TH CROSS, 3^RD MAIN, VINOBHA NAGAR, DAVANAGERE - 1.

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SRI MALLESHAPPA @ MALLIKARJUNAPPA SINCE DECD BY HIS LRS,

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4(A) SMT. GIRIJAPPA, W/O. LATE SRI MALLESHAPPA @ MALLIKARJUNAPPA, 62 YEARS

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4(B) SMT. M.B. KAVITHA, AGED 28 YEARS.

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4(C) SMT. M.B. GEETHA, AGED 27 YEARS.

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4(D) SMT. M.B. SHASHIKALA, AGED 25 YEARS.

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(B) TO (D) ARE DAUGHTERS OF LATE SRI MALLESHAPPA @ MALLIKARJUN AND (A) TO (D) ARE R/AT NO.1250/1, 8^TH CROSS, 2^ND MAIN, VINOBHA NAGAR, DAVANGERE - 01.

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4 - NC: 2025:KHC:20247 RSA No. 701 of 2007

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HC-KAR

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SMT. NAGARATHNAMMA, D/O LATE SRI BYADGI SHIVAPPA, W/O. SRI SANNAVEERABHADRAPPA, AGED 67 YEARS, R/AT NO.14A, 2^ND CROSS, 'A' BLOCK, PARVATHINAGAR, BELLARY- 583 101.

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SRI MARUTHAPPA, S/O SRI ANNAPPA, 45 YEARS.

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SRI MAHADEVAPPA, AGED 50 YEARS,.

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SRI BASAVARAJAPPA @ BASAVARAJAPPA, AGED 45 YEARS.

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SRI KANTHARAJ, AGED 40 YEARS. 6 TO 9 ARE R/A. OPP: SRI BANNI MAHAKALI TEMPLE, 17^TH CROSS, KTJ NAGAR, DAVANGERE - 2.

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…RESPONDENTS (BY SRI B.V. GANGI REDDY, ADVOCATE FOR R1(A&B), R3(A-C) AND R5; SRI REUBEN JACOB, ADVOCATE FOR R2; VIDE ORDER DATED 05.10.2010, SERVICE HELD SUFFICIENT IN RESPECT OF R4(A), R4(B), R4(C) AND R4(D) AND R7, R8 AND R9; R6 IS SERVED; VIDE ORDER DATED 13.07.2021, APPEAL AGAINST R5 IS DISMISSED AS ABATED)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 9.11.2006 PASSED IN R.A.NO.42/2000 ON THE FILE OF THE ADDITIONAL SESSIONS JUDGE, FAST TRACK COURT-II, DAVANAGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 11.4.2000 PASSED IN

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NC: 2025:KHC:20247 RSA No. 701 of 2007

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HC-KAR

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O.S.NO.188/1987 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), DAVANAGERE.

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

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CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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