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Sri. Krishnappa K. R. Vs Sri. Thopaiah — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
Sri. Krishnappa K. R. Vs Sri. ThopaiahSri. Krishnappa K. R. v. Sri. Thopaiah

Dismissed¶44

Sri. Krishnappa K. R. v. Sri. Thopaiah

Karnataka HC25 Oct 2025RSA/732/2021

Case brief

AI extract

What is this about?

Withdrawal of second appeal on reported settlement: RSA No.732 of 2021 (Karnataka HC, Bengaluru; H.P. Sandesh, J.; decided 25.10.2025), under Section 100 CPC against R.A.No.175/2020 (VII Addl. District Judge, Tumakuru, 17.11.2020) which had confirmed the trial decree of 02.02.2017 in O.S.No.363/2006 (I Addl. Civil Judge and JMFC, Tumakuru); cause-title classification '(PAR/POS)' and final decree proceedings noted. Parties: Krishnappa K.R. v. Thopaiah, Ramaiah and others, with deceased original parties represented through LRs. Held/appeared: appeal dismissed as withdrawn on counsel's memo recording settlement before the final-decree court; final decree copy produced. Keywords: Section 100 CPC; withdrawal of appeal; settlement/compromise; final decree proceedings; Tumakuru; no merits decided; no cases cited.

What did the court decide?

Permission to withdraw the appeal granted; appeal dismissed as withdrawn, without any adjudication on merits.

Why is it important?

In view of the appellant's memo recording that the dispute had been settled before the court in which final decree proceedings were pending (with the final decree copy produced), the Court dismissed the appeal as withdrawn. ¶44

What the court decided

AI extract

Outcome

Permission to withdraw the appeal granted; appeal dismissed as withdrawn, without any adjudication on merits.

Ratio / Principle

In view of the appellant's memo recording that the dispute had been settled before the court in which final decree proceedings were pending (with the final decree copy produced), the Court dismissed the appeal as withdrawn.

Detailed headnote1 paragraphs

High Court of Karnataka (Bengaluru), oral judgment of H.P. Sandesh, J., dated 25.10.2025, in Regular Second Appeal No.732 of 2021 (PAR/POS) filed under Section 100 CPC. The RSA challenged the judgment and decree dated 17.11.2020 in R.A.No.175/2020 (VII Additional District Judge, Tumakuru), by which the first appellate court dismissed the appeal and confirmed the judgment and decree dated 02.02.2017 in O.S.No.363/2006 (I Additional Civil Judge and JMFC, Tumakuru). When the appeal came on for orders, the appellant's counsel filed a memo seeking leave to withdraw, stating that the dispute had been settled before the court in which final decree proceedings were pending and producing the final decree copy. The Court accordingly dismissed the appeal as withdrawn. No issue of law or fact was adjudicated; no precedent was cited and no quantum awarded.

A

1 -

NC: 2025:KHC:42275 RSA No. 732 of 2021

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE H.P.SANDESH

REGULAR SECOND APPEAL NO.732 OF 2021 (PAR/POS)

BETWEEN:

SRI. KRISHNAPPA K.R., S/O RANGASWAMAIAH, AGED ABOUT 59 YEARS, RESIDING AT KARALUPALYA, BELLAVI HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT, PIN-572107.

…APPELLANT

(BY SRI. A.V.GANGADHARAPPA, ADVOCATE)

AND:

Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

SRI. THOPAIAH, S/O LATE RANGASWAMAIAH, AGED ABOUT 58 YEARS, R/A KARALUPALYA, BELLAVI HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT, PIN-572107.

RANGASWAMAIAH, S/O LATE CHANNALLI RANGAIAH, SINCE DECEASED BY HIS LR.

GANGAMMA,

W/O LATE RANGASWAMAIAH,

2 - NC: 2025:KHC:42275 RSA No. 732 of 2021

HC-KAR

SINCE DEAD BY HER LRS APPELLANT, RESPONDENT 1 AND 2.

SRI. RAMAIAH, S/O LATE RANGASWAMAIAH, AGED ABOUT 61 YEARS, RESIDING AT KARALUPALYA, BELLAVI HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT, PIN-572107.

SRI. RANGANATH, S/O CHANNAPPA, SINCE DECEASED BY HIS LRS.

SMT. PADMAVATHI, W/O RANGANATH, AGED ABOUT 60 YEARS.

SRI. VINAY, S/O LATE C.R. RANGANATH, AGED ABOUT 29 YEARS.

SMT. MALA, D/O LATE C.R. RANGANATH, AGED ABOUT 26 YEARS.

RESPONDENTS NO.3 TO 5 ARE RESIDENTS OF KARALUPALYA, BELLAVI HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT, PIN-572107.

SRI. ASWATHANARAYANA, S/O H.N.SUBBANNA, AGED ABOUT 51 YEARS, M.H.PATNA VILLAGE AND POST, GUBBI TALUK, TUMAKURU DISTRICT-572216.

3 - NC: 2025:KHC:42275 RSA No. 732 of 2021

HC-KAR

SMT. DODDAMMA, W/O DODDARANGAIAH, MAJOR, RESIDING AT KURUBARAHALLI, C.N. DURGA HOBLI, KORATAGERE TALUK, TUMAKURU DISTRICT-572138.

SMT. SHARADAMMA, W/O LATE MYLARAPPA, MAJOR, RESIDING AT HIRAKASANDRA VILLAGE AND POST, CHELUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216.

SMT. JAYAMMA, W/O CHIKKANNA, MAJOR, RESIDING AT KARALUPALYA, BELLAVI HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT-572107.

…RESPONDENTS

(BY SRI. RAJESH A., ADVOCATE FOR R1 AND R2; SRI. K.M.SOMASHEKARA, ADVOCATE FOR PROPOSED IMPLEADING R10; R4, R5, R7, R8 AND R9 SERVED)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE 17.11.2020 PASSED IN R.A.NO.175/2020 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE, TUMAKURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.02.2017 PASSED IN O.S.NO.363/2006 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU.

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

4 -

NC: 2025:KHC:42275 RSA No. 732 of 2021

HC-KAR

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

The learned counsel for the appellant has filed a memo seeking permission of this Court to withdraw the appeal on the ground that the matter was settled before the Court in which the final decree proceedings was pending and the copy of the final decree is also produced.

In view of the memo, the appeal is dismissed as

withdrawn.

Sd/(H.P.SANDESH) JUDGE

MD

List No.: 1 Sl No.: 2

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure (CPC)Section 100¶36

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 17.11.2020 in R.A.No.175/2020, dismissing the first appeal and confirming the judgment and decree dated 02.02.2017 in O.S.No.363/2006.¶36
VII Additional District Judge, Tumakuru · 17.11.2020
Prior proceeding
Trial suit: judgment and decree dated 02.02.2017 passed in O.S.No.363/2006 on the file of the I Additional Civil Judge and JMFC, Tumakuru.¶36
Prior proceeding
First appeal R.A.No.175/2020 before the VII Additional District Judge, Tumakuru, dismissed by judgment and decree dated 17.11.2020 (the decision under challenge).¶36
Prior proceeding
At the stage of orders, the appellant's counsel filed a memo seeking leave to withdraw the appeal, recording that the matter was settled before the court in which final decree proceedings were pending and producing the copy of the final decree.¶43

Parties & counsel

AI extract

appellant
Krishnappa K.R., S/o Rangaswamaiah¶10
A.V. Gangadharappa
respondent
Thopaiah, S/o late Rangaswamaiah (Respondent No.1)¶15
Rajesh A.
other
Rangaswamaiah, S/o late Channalli Rangaiah (since deceased; LR shown as Gangamma)¶16
other
Gangamma, W/o late Rangaswamaiah (since dead; LRs shown as appellant, Respondent 1 and 2)¶21
respondent
Ramaiah, S/o late Rangaswamaiah (Respondent No.2)¶22
Rajesh A.
other
Ranganath, S/o Channappa (since deceased by his LRs)¶23
respondent
Padmavathi, W/o Ranganath (Respondent No.3)¶24
respondent
Vinay, S/o late C.R. Ranganath (Respondent No.4)¶25
respondent
Mala, D/o late C.R. Ranganath (Respondent No.5)¶26
respondent
Aswathanarayana, S/o H.N. Subbanna (Respondent No.6)¶28
respondent
Doddamma, W/o Doddarangaiah (Respondent No.7)¶31
respondent
Sharadamma, W/o late Mylarappa (Respondent No.8)¶32
respondent
Jayamma, W/o Chikkanna (Respondent No.9)¶33
other
Proposed impleading Respondent No.10 (identity not stated in the text)¶35
K.M. Somashekara

Coram

AI extract

H.P. Sandeshauthor¶41

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 25 Oct 2025 · October
Registered: 28 Oct 2021
Case no.: RSA/732/2021
CNR: KAHC010120162021
Bench: H.p.sandesh
Disposal: DISMISSED
Case type: Regular Second Appeal (PAR/POS)

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Cite this judgement

Sri. Krishnappa K. R. v. Sri. Thopaiah, RSA/732/2021 (KA), decided on 25 October 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 Procedure (CPC)Section 100

View all statutes

Procedural history4

Judgment and decree dated 17.11.2020 in R.A.No.175/2020, dismissing the first appeal and confirming the judgment and decree dated 02.02.2017 in O.S.No.363/2006.VII Additional District Judge, Tumakuru · 17.11.2020
Trial suit: judgment and decree dated 02.02.2017 passed in O.S.No.363/2006 on the file of the I Additional Civil Judge and JMFC, Tumakuru.
First appeal R.A.No.175/2020 before the VII Additional District Judge, Tumakuru, dismissed by judgment and decree dated 17.11.2020 (the decision under challenge).

View full history

Bench / Coram

H.P. Sandesh

Parties & counsel