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.

Sri Maddappa Vs Sri Narayana — Karnataka HC (2025) — LawSathi Research

Home
Karnataka HC
2025
Sri Maddappa Vs Sri NarayanaSri Maddappa v. Sri Narayana

Dismissed¶32

Sri Maddappa v. Sri Narayana

Karnataka HC10 Jun 2025RSA/80/2016

Case brief

AI extract

What is this about?

Karnataka High Court at Bengaluru; RSA No. 80 of 2016; Coram: Hon'ble Mr Justice Ashok S.Kinagi (oral judgment, 10.06.2025). Second appeal under Section 100 CPC by Sri Maddappa against R.A.No.31/2009 judgment dated 09.10.2015 of the III Additional District and Sessions Judge, Bengaluru Rural District at Anekal, confirming O.S.No.397/2005 decree dated 21.03.2009 of the Additional Civil Judge (Jr.Dn) and JMFC, Anekal. Respondents: Sri Narayana and Sri N.R.Bhat. Appeal dismissed for non-prosecution / non-compliance of office objections: appellant's counsel deceased, Court notice served personally (received 29.11.2019), no steps taken, none appeared on 10.06.2025. No merits adjudicated, no precedents discussed, no monetary relief.

What did the court decide?

The appellant, despite service of Court notice, did not take steps to engage counsel, showing he is not interested in prosecuting the appeal.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the regular second appeal should be dismissed for non-prosecution, the appellant having failed to engage counsel despite service of Court notice.

Court's answer

The appellant, despite service of Court notice, did not take steps to engage counsel, showing he is not interested in prosecuting the appeal.

Ratio / Principle

The appeal is dismissed for non-compliance of office objections.

Detailed headnote1 paragraphs

Regular Second Appeal under Section 100 CPC (RSA No. 80 of 2016, decided 10.06.2025) — Dismissal for non-prosecution. The appeal of 2016 challenged the judgment and decree dated 09.10.2015 in R.A.No.31/2009 (III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal), which had dismissed the first appeal and confirmed the judgment and decree dated 21.03.2009 in O.S.No.397/2005 (Additional Civil Judge (Jr.Dn) and JMFC, Anekal). Counsel for the appellant having been reported dead, the Court issued notice on 30.10.2019; service was duly effected personally (notice received 29.11.2019), yet the appellant took no steps to engage substitute counsel. When the matter was called on 10.06.2025 none appeared. Held: the appellant is not interested in prosecuting the appeal; appeal dismissed for non-compliance of office objections. No adjudication on merits; no precedent cited; no quantum involved.

A

1 - NC: 2025:KHC:19793 RSA No. 80 of 2016

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO.80 OF 2016

BETWEEN:

SRI MADDAPPA S/O SRI MUNI NARASAPPA, AGED ABOUT 90 YEARS, R/AT SHANUBHOGANAHALLI, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT

…APPELLANT

(BY SRI MADAPPA, APPELLANT -ABSENT)

AND:

SRI NARAYANA

Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

S/O SRI THAMMAIAH, AGED ABOUT 60 YEARS, R/AT SHANUBHOGANAHALLI, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT

SRI.N.R.BHAT S/O SRI GANAPATHI BHAT, MAJOR, R/AT #102, RANKA PARK, RICHMOND CIRCLE, BANGALORE-560 025.

…RESPONDENTS

THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 9.10.2015 PASSED IN RA NO.31/2009 ON THE FILE OF THE III

2 -

NC: 2025:KHC:19793 RSA No. 80 of 2016

HC-KAR

ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SIT AT ANEKAL, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 21.3.2009 PASSED IN O.S NO.397/2005 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC, ANEKAL.

THIS APPEAL, COMING ON FOR ORDER, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

ORAL JUDGMENT

This regular second appeal is filed by the appellant challenging the judgment and decree dated 09.10.2015, passed in R.A.No.31/2009 by the learned III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal and the judgment and decree dated 21.03.2009, passed in O.S.No.397/2005 by the learned Additional Civil Judge (Jr.Dn) and JMFC., Anekal.

It was reported that the counsel appearing for the appellant is no more.

This court vide order dated 30.10.2019 issued a Court notice to the appellant. The learned III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, vide communication dated 09.12.2019

3 -

NC: 2025:KHC:19793 RSA No. 80 of 2016

HC-KAR

addressed to the learned Registrar General, High Court of Karnataka, Bengaluru, stated that the notice has been duly served on the appellant personally.

The appellant has received the Court notice on 29.11.2019. Despite service of Court notice, the appellant has not taken any steps to engage the counsel. The appeal is of the year 2016. It shows that the appellant is not interested in prosecuting the appeal. Today i.e., 10.06.2025 case called none appears for the appellant.

Accordingly, appeal is dismissed for non compliance of

the office objections.

Sd/(ASHOK S.KINAGI) JUDGE

MR

List No.: 1 Sl No.: 34

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the regular second appeal should be dismissed for non-prosecution, the appellant having failed to engage counsel despite service of Court notice.medium confidence¶31
The court held
The appellant, despite service of Court notice, did not take steps to engage counsel, showing he is not interested in prosecuting the appeal.ratio¶31

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil ProcedureSection 100¶17

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 09.10.2015 in R.A.No.31/2009, dismissing the first appeal and confirming the judgment and decree dated 21.03.2009 in O.S.No.397/2005.¶24
III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal · 09.10.2015
Prior proceeding
Trial suit O.S.No.397/2005 before the Additional Civil Judge (Jr.Dn) and JMFC, Anekal, decided by judgment and decree dated 21.03.2009.¶24
Prior proceeding
First appeal R.A.No.31/2009 decided on 09.10.2015, dismissing the appeal and confirming the trial court's judgment and decree in O.S No.397/2005.¶21
Prior proceeding
Counsel appearing for the appellant was reported to be no more.¶25
Prior proceeding
This Court vide order dated 30.10.2019 issued a Court notice to the appellant.¶26
Prior proceeding
The III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, addressed a communication dated 09.12.2019 to the Registrar General, High Court of Karnataka.¶26
Prior proceeding
The lower court communicated that the Court notice had been duly served on the appellant personally.¶30
Prior proceeding
The appellant received the Court notice on 29.11.2019 but took no steps to engage counsel despite service.¶31
Prior proceeding
On 10.06.2025 the case was called and none appeared for the appellant.¶31

Parties & counsel

AI extract

appellant
Sri Maddappa S/o Sri Muni Narasappa¶8
SRI MADAPPA
respondent
Sri Narayana S/o Sri Thammaiah¶12
respondent
Sri. N.R.Bhat S/o Sri Ganapathi Bhat¶15

Coram

AI extract

Ashok S.Kinagiauthor¶22

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 10 Jun 2025 · June
Registered: 11 Jan 2016
Case no.: RSA/80/2016
CNR: KAHC010009552016
Bench: Ashok S.kinagi
Disposal: Dismissed for Non-Prosecution
Case type: RSA

Similar cases

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

Finding judgements on the same questions…

More from Ashok S.kinagi

Karnataka Police Employees Housing Vs Sri.Puttalingaiah
9 Jun 2025
H K Umeshappa Vs Eshwaraiah
9 Jun 2025
G. Channabasappa Vs M.B. Chandrappa
9 Jun 2025
Smt Malathiyamma Vs S Sreenivas Yadiyal
10 Jun 2025
P Nandakumar Rao Vs Vinodkumar Rao
10 Jun 2025
Smt. Parvathamma Vs Sri. Bheemanna
10 Jun 2025

Cite this judgement

Sri Maddappa v. Sri Narayana, RSA/80/2016 (KA), decided on 10 June 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 ProcedureSection 100

View all statutes

Procedural history9

Judgment and decree dated 09.10.2015 in R.A.No.31/2009, dismissing the first appeal and confirming the judgment and decree dated 21.03.2009 in O.S.No.397/2005.III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal · 09.10.2015
Trial suit O.S.No.397/2005 before the Additional Civil Judge (Jr.Dn) and JMFC, Anekal, decided by judgment and decree dated 21.03.2009.
First appeal R.A.No.31/2009 decided on 09.10.2015, dismissing the appeal and confirming the trial court's judgment and decree in O.S No.397/2005.

View full history

Bench / Coram

Ashok S.Kinagi

Parties & counsel