Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Maremma W/O Malkappa Vs Devaputrappa S/O Chikanna — Karnataka HC (2025) — LawSathi Research

Home
Karnataka HC
2025
Maremma W/O Malkappa Vs Devaputrappa S/O ChikannaMaremma W/O Malkappa v. Devaputrappa S/O Chikanna

Dismissed¶59

Maremma W/O Malkappa v. Devaputrappa S/O Chikanna

Karnataka HC9 Apr 2025RSA/7148/2012

Case brief

AI extract

What is this about?

Procedural dismissal: Regular Second Appeal No. 7148 of 2012 (filed under Section 100 CPC), High Court of Karnataka, Kalaburagi Bench, dismissed for non-prosecution on 09.04.2025 by Hon'ble Anant Ramanath Hegde, J., for want of representation on both sides. The appeal challenged the judgment and decree dated 15.02.2012 in R.A.No.27/2010 (IV Additional District Judge, Gulbarga) on the decree dated 17.12.2009 in O.S.No.111/2006 (Civil Judge (Sr.Dn.), Chittapur). Parties: Maremma (died 08.05.2014), Mallikarjun (died, through his legal representatives) and Sunilkumar v. Devaputrappa and others; the appeal stood abated against deceased R8, R13 and R15 vide order dated 02.07.2024. Neutral citation: NC: 2025:KHC-K:2273. No cases cited, no issues framed or decided, no quantum; of value only as evidence that the appeal remained undecided on merits.

What did the court decide?

As there was no representation for either party, the Regular Second Appeal was dismissed for non-prosecution.

What the court decided

AI extract

Outcome

Dismissed

Ratio / Principle

As there was no representation for either party, the Regular Second Appeal was dismissed for non-prosecution.

Detailed headnote1 paragraphs

RSA No. 7148 of 2012 (DEC/INJ), High Court of Karnataka, Kalaburagi Bench (NC: 2025:KHC-K:2273), decided 09-04-2025 by Anant Ramanath Hegde, J. — Second appeal under Section 100 CPC against the judgment and decree dated 15.02.2012 of the IV Additional District Judge, Gulbarga in R.A.No.27/2010, arising from the judgment and decree dated 17.12.2009 of the Civil Judge (Sr.Dn.), Chittapur in O.S.No.111/2006. Neither party was represented when the matter came up; the Court accordingly dismissed the appeal for non-prosecution. The appeal had earlier been abated against deceased Respondent Nos. 8, 13 and 15 vide order dated 02.07.2024. No question of law or fact was adjudicated; the decision carries no merits ratio and is of procedural significance only.

A

1 - NC: 2025:KHC-K:2273 RSA No. 7148 of 2012

IN THE HIGH COURT OF KARNATAKA,

KALABURAGI BENCH

DATED THIS THE 9^TH DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

REGULAR SECOND APPEAL NO. 7148 OF 2012 (DEC/INJ)

BETWEEN:

MAREMMA W/O MALKAPPA AGE: 65 YEARS, OCC: AGRICULTURE, DIED ON 08.05.2014

MALLIKARJUN S/O MALKAPPA AGE: 34 YEARS, OCC: PVT. SERVICER DIED BY HIS LRS

A. CHANDRAKALA

Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA

W/O LATE MALLIKARJUN AGE: 36 YEARS, OCC: HOUSEHOLD¸

B. RAJESHWARI

D/O LATE MALLIKARJUN AGE: 18 YEARS, OCC: STUDENT

C. ROHIT

S/O LATE MALLIKARJUN AGE: 14 YEARS, OCC: STUDENT

D. AISHWARYA D/O LATE MALLIKARJUN

2 - NC: 2025:KHC-K:2273 RSA No. 7148 of 2012

AGE: 12 YEARS, OCC: STUDENT

E. ABHI S/O LATE MALLIKARJUN AGE: 8 YEARS, OCC: STUDENT THE LRS OF R2 (C) TO E ARE MINORS REPRESENTED BY THEIR MOTHER APPELLANT N:2 (A) AS N/G.

SUNILKUMAR S/O MALKAPPA AGE: 24 YEARS, OCC: PVT. SERVICE, ALL ARE R/O: KHASL GALLI, CHITTAPUR, DIST: GULBARGA.

…APPELLANTS

(BY SRI SHARANABASAPPA K.BABSHETTY, ADVOCATE)

AND:

DEVAPUTRAPPA S/O CHIKANNA AGE: 66 YEARS, OCC: HOUSEHOLD, R/O: BASAVAN NAGAR, BEHIND POLICE STATION, CHITTAPUR.

MAREPPA S/O SABANNA AGE: 56 YEARS, OCC: COOLIE, R/O: BAREPETH, TQ: CHITTAPUR.

SABANNA S/O RAYAPPA AGE: 66 YEARS,

3 - NC: 2025:KHC-K:2273 RSA No. 7148 of 2012

OCC: AGRICULTURE, R/O: BASAVA NAGAR, BEHIND POLICE STATION, CHITTAPUR SINDE DECEASED THROUGH LRS SRI SHAMRAYA S/O LATE SABANNA AGE: 40 YEARS, OCC: AGRICULTURE, R/O: BASAVAN NAGAR, BEHIND POLICE STATION, CHITTAPUR, DIST: GULBARGA.

GANGAMMA D/O KASHAPPA W/O BHEEMANNA MANG AGE: 56 YEARS, OCC: COOLIE AND AGRICULTURE, R/O: BAREPETH TQ: CHITTAPUR.

MAREPPA S/O SABANNA AGE: 61 YEARS, OCC: COOLIE, R/O: BAREPETH TQ: CHITTAPUR.

SIDRAM S/O KASHAPPA AGE: 56 YEARS, OCC: COOLIE, R/O: BAREPETH TQ: CHITTAPUR.

YESHWANT S/O MALLAPPA AGE: 46 YEARS, OCC: COOLIE, R/O: BAREPETH TQ: CHITTAPUR.

4 - NC: 2025:KHC-K:2273 RSA No. 7148 of 2012

YESHWANT SABANNA AGE: 46 YEARS, OCC: COOLIE, R/O: BAREPETH TQ: CHITTAPUR.

BHEEMANNA MANG SINCE DECEASED THROUGH LRS.

I. SUJJAMMA D/O BHIMANNA AGE: 57 YEARS, OCC: HOUSE HOLD & AGRICULTURE,

II. SUJAMMA D/O BHIMANNA, AGE: 55 YEARS, OCC: HOUSE HOLD & AGRICULTURE,

III. INDRAMMA D/O BHIMANNA AGE: 52 YEARS, OCC: HOUSE HOLD & AGRICULTURE,

ALL ARE R/O: CHITTAPUR, DIST: GULBARGA.

LAXMI W/O CHANDRAPPA AGE: 66 YEARS, OCC: HOUSE HOLD, R/O: BASAV NAGAR, SEDAM.

NAGENDRA S/O MALKAPPA AGE: 31 YEARS, OCC: AGRICULTURE, R/O: KHASHI GALLI, CHITTAPUR.

VIJAYLAXMI W/O ARUNKUMAR AGE: 28 YEARS,

5 - NC: 2025:KHC-K:2273 RSA No. 7148 of 2012

OCC: HOUSEHOLD, R/O: BASAVAN NAGAR, SEDAM.

MALLAMMA W/O MALLAPPA AGE: 86 YEARS, OCC: HOUSEHOLD, R/O: BASAVAN NAGAR, SEDAM.

MALKAMMA W/O BHOWNAPPA AGE: 91 YEARS, OCC: HOUSEHOLD, R/O: BASAVAN NAGAR, SEDAM.

KASHAMMA W/O MAREPPA AGE: 71 YEARS, OCC: HOUSEHOLD, R/O: BOMANALLI, TQ: CHITTAPUR.

…RESPONDENTS

(BY SRI VINAYAK APTE, ADVOCATE FOR R4, R9(I) TO R9(III) ; R1 TO R3, R5 TO R7, R10, R14 ARE SERVED; V/O DATED 02.07.2024 THE APPEAL IS ABATED AGAINST DECEASED R8, R13 AND R15)

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, PRAYING TO ALLOW THIS APPEAL AND MODIFIED THE JUDGMENT AND DECREE DATED 17.12.2009 PASSED BY THE CIVIL JUDGE (SR.DN) AT CHITTAPUR, IN O.S.NO.111/2006, AND ALSO SET ASIDE THE JUDGMENT AND DECREE DATED 15.02.2012, PASSED BY THE IV ADDITIONAL DISTRICT JUDGE AT GULBARGA IN R.A.NO.27/2010, IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

6 - NC: 2025:KHC-K:2273 RSA No. 7148 of 2012

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

There is no representation for both the parties.

Hence, the appeal is dismissed for

non-prosecution.

Sd/(ANANT RAMANATH HEGDE) JUDGE

THM List No.: 1 Sl No.: 7

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure100¶52

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 15.02.2012 in R.A.No.27/2010, which the appellants prayed to set aside¶52
IV Additional District Judge at Gulbarga · 15.02.2012
Prior proceeding
Trial court stage: judgment and decree dated 17.12.2009 by the Civil Judge (Sr.Dn.) at Chittapur in O.S.No.111/2006, which the appeal also sought to modify¶52
Prior proceeding
Death of original appellant No.1 Maremma pending the appeal¶9
Prior proceeding
Death of appellant No.2 Mallikarjun pending the appeal, with his legal representatives (including minors represented by their mother) brought on record¶10
Prior proceeding
Abatement of the appeal against deceased Respondent Nos. 8, 13 and 15¶51

Parties & counsel

AI extract

appellant
MAREMMA W/O MALKAPPA AND OTHERS¶22
Sharanabasappa K. Babshetty
respondent
DEVAPUTRAPPA S/O CHIKANNA AND OTHERS¶26
Vinayak Apte

Coram

AI extract

Anant Ramanath Hegdeauthor¶54

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 9 Apr 2025 · April
Registered: 21 Apr 2012
Case no.: RSA/7148/2012
CNR: KAHC030021912012
Bench: Anant Ramanath Hegde
Disposal: Dismissed for Non-Prosecution
Case type: Regular Second Appeal (DEC/INJ)

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from Anant Ramanath Hegde

Ashok Pascal Noronha Vs Chairman and Managing Director
8 Apr 2025
Shanamma D/O Lachmanna and Ors. Vs Tippanna S/O Lachmanna and Ors.
8 Apr 2025
Bhimaray S/O Chanabasappa Kulkarni Vs Sugalabai W/O Bhimaray Kulakarni
8 Apr 2025
Smt. Aubiya Bee D/O Osmansab Masuldar and Anr. Vs Pasha Miyan S/O Mastan Sab Masuldar Died by Lr and Ors.
9 Apr 2025
Kalyanrao S/O Late Mahadhavrao Gurnale and Anr. Vs Chandrakanth S/O Veerappa Biradar Gobbur
9 Apr 2025
Rayamma W/O Tippanna Vs Bakkamma W/O Maruti and Ors.
15 Apr 2025

Cite this judgement

Maremma W/O Malkappa v. Devaputrappa S/O Chikanna, RSA/7148/2012 (KA), decided on 9 April 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure100

View all statutes

Procedural history5

Judgment and decree dated 15.02.2012 in R.A.No.27/2010, which the appellants prayed to set asideIV Additional District Judge at Gulbarga · 15.02.2012
Trial court stage: judgment and decree dated 17.12.2009 by the Civil Judge (Sr.Dn.) at Chittapur in O.S.No.111/2006, which the appeal also sought to modify
Death of original appellant No.1 Maremma pending the appeal

View full history

Bench / Coram

Anant Ramanath Hegde

Parties & counsel