Dismissed¶42

Sri Banappa S/O Pandith Lakshmaiah v. Sri D Thimmapaiah S/O Late Dasappa

Karnataka HC6 Jun 2025RSA/845/2007

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; RSA No. 845 of 2007 (DEC) under Section 100 CPC; dismissed for non-prosecution on 06-06-2025 by Justice Anant Ramanath Hegde; appellants: legal representatives of late Sri Banappa (Sri H.B. Prakash, Smt. H.B. Malini), counsel Sri H. Nagaraja (absent); respondents: legal representatives of late Sri D. Thimmappaiah (Puttamma, Bharathi, Prabha), Smt. Mangalamma, Smt. Sakamma, Sri Siddappa, Smt. Manjula; underlying matters: O.S.No.344/96 and R.A.No.362/2001, Holalkere, Chitradurga District; no counsel appeared; no issue decided, no precedent treatment, no quantum.

What did the court decide?

As there was no representation when the 2007 appeal was called, the Regular Second Appeal was dismissed for non-prosecution. ¶42

Sri Banappa S/O Pandith Lakshmaiah Vs Sri D Thimmapaiah S/O Late Dasappa — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:19305 RSA No. 845 of 2007

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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REGULAR SECOND APPEAL NO.845 OF 2007 (DEC)

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BETWEEN:

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SRI BANAPPA S/O PANDITH LAKSHMAIAH, R/AT RAMAGIRI, HOLALKERE TALUK, SINCE DECEASED BY HIS LR’s.

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(1) SRI H.B. PRAKASH, S/O. LATE BANAPPA, AGE 62 YEARS,

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(2) SMT. H.B. MALINI D/O. LATE BANAPPA, AGED ABOUT 43 YEARS,

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BOTH ARE R/AT RAMAGIRI, KASABA HOBLI, HOLALKERE TALUK.

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... APPELLANTS

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Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

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(BY SRI H. NAGARAJA, ADVOCATE FOR A1(1 & 2) (ABSENT))

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AND:

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SRI D. THIMMAPPAIAH S/O. LATE DASAPPA, SINCE DECEASED BY HIS LR’s.

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(a) PUTTAMMA W/O. THIMMAPPAIAH, AGE ABOUT 75 YEARS,

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(b) SMT. BHARATHI W/O. DODDARAJU, AGE 60 YEARS, RETIRED TEACHER, HOSADURGA TOWN, CHITRADURGA DISTRICT.

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2 - NC: 2025:KHC:19305 RSA No. 845 of 2007

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HC-KAR

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D/O. LATE THIMMAPPAIAH,

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AGE 45 YEARS,

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RESPONDENT NOS.1(a) TO 1(c) ARE R/AT RAMAGIRI VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT.

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SMT. MANGALAMMA W/O. RAJAPPA, AGE 50 YEARS,

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SMT. SAKAMMA W/O. SURESH, AGE 32 YEARS,

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SRI SIDDAPPA S/O. RAJAPPA, AGE 29 YEARS,

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RESPONDENT NOS.2 TO 4 ARE THE R/AT RAMAGIRI, HOLALKERE TALUK, CHITRADURGA DISTRICT.

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SMT. MANJULA D/O. RAJAPPA, AGE 28 YEARS, R/AT HOSAHALLY CAMP, SASUVEHALLY POST, HONNALI TALUK, DAVANAGERE DISTRICT.

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... RESPONDENTS

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(V/O. DATED 26/03/2012, NOTICE TO R-2 IS HELD SUFFICIENT; V/O. DATED 30/08/2011, NOTICE TO R-3 & R-4 IS HELD SUFFICIENT; V/O. DATED 24/04/2015 & 03/01/2024, APPEAL DISMISSED AGAINST R-5; R-1(A TO C) IS SERVED)

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THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 10.01.2007 PASSED IN R.A.NO.362/2001 ON THE FILE OF THE CIVIL JUDGE (SR.DVN.), HOLALKERE, ALLOWING THE APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED 23.06.2001 PASSED IN O.S.NO.344/96 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN.), HOLALKERE.

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

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CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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NC: 2025:KHC:19305 RSA No. 845 of 2007

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HC-KAR

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ORAL JUDGMENT

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