Dismissed¶90

Venkataramaiah v. Chikka Venkataramappa Since Deceased Rep by His Lrs

Karnataka HC4 Jul 2025RSA/872/2010

Case brief

AI extract

What is this about?

Dismissal for non-prosecution; admission-stage dismissal; no representation by counsel; 15-year-old appeals; Section 100 CPC; Regular Second Appeal (PAR); Kolar; O.S.No.170/2000; R.A.No.122/2007; R.A.No.193/2007; I Addl. District Judge Kolar; Prl. Civil Judge (Sr.Dn.) & CJM Kolar; Venkataramaiah; LRs of Chikka Venkataramappa; LRs of Chikka Munivenkatappa; amendment dated 29.08.2018; High Court of Karnataka; Anant Ramanath Hegde; 2025; NC: 2025:KHC:24230.

What the court decided

AI extract

Venkataramaiah Vs Chikka Venkataramappa Since Deceased Rep by His Lrs — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:24230 RSA No. 872 of 2010 C/W RSA No. 871 of 2010

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF JULY, 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. 872 OF 2010 (PAR)

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C/W

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REGULAR SECOND APPEAL NO. 871 OF 2010 (PAR)

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IN RSA No. 872/2010

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BETWEEN:

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SRI VENKATARAMAIAH, S/O MUNIYAPPA, AGED ABOUT 65 YEARS, R/AT GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT - 563101.

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…APPELLANT

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(BY SRI RAHUL P, ADVOCATE)

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AND:

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Digitally signed by BELUR RANGADHAMA NANDINI

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Location: HIGH COURT OF KARNATAKA

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CHIKKA VENKATARAMAPPA SINCE DECEASED REP BY HIS LRS

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a) SRI SOMAPPA,

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S/O CHIKKA VENKATARAMAPPA, AGED ABOUT 45 YEARS,

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b) SRI NANJUNDAPPA, S/O CHIKKA VENKATARAMAPPA, AGED ABOUT 35 YEARS,

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2 - NC: 2025:KHC:24230 RSA No. 872 of 2010 C/W RSA No. 871 of 2010

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HC-KAR

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d. SRI RAMACHANDRA, S/O CHIKKA VENKATARAMAPPA, AGED ABOUT 32 YEARS,

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e. SRI MUNIYAPPA, S/O CHIKKA VENKATARAMAPPA, AGED ABOUT 30 YEARS

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ALL ARE RESIDING AT ITHARASANAHALLI VILLAGE, HOLUR HOBLI, KOLAR TALUK - 563101,

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SMT MUNIYAMMA, W/O HANUMANTHAPPA, AGED ABOUT 70 YEARS, R/AT ITHARASANAHALLI VILLAGE, HOLUR HOBLI, KOLAR TALUK - 563101.

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SRI CHIKKA MUNIVENKATAPPA, S/O MUNIYAPPA, AGED ABOUT 70 YEARS, SINCE DECEASED REP. BY HIS LRS

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3(a) SMT MUNIYAMMA, W/O LATE CHIKKA MUNIVENKATAPPA, AGED ABOUT 65 YEARS,

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3(b) HANUMANTHAPPA, S/O LATE CHIKKA MUNIVENKATAPPA, AGED ABOUT 48 YEARS,

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3(c) JAYAPPA, S/O LATE CHIKKA MUNIVENKATAPPA, AGED ABOUT 45 YEARS,

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3(d) SMT MUNIRATHNA, D/O LATE CHIKKA MUNIVENKATAPPA, AGED ABOUT 40 YEARS,

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3 - NC: 2025:KHC:24230 RSA No. 872 of 2010 C/W RSA No. 871 of 2010

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HC-KAR

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3(e) MYLLEGOWDA@SONAPPA, S/O LATE CHIKKA MUNIVENKATAPPA, AGED ABOUT 38 YEARS, ALL ARE RESIDING AT GUTTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT - 563101.

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SMT SAKAMMA, W/O RAMAIAH, SINCE DECEASED.

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SRI DODDA VENKATARAMAIAH, S/O SONNAPPA, AGED ABOUT 93 YEARS, SINCE DECEASED

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SMT VENKATAMMA, W/O DODDA MUNIVENKATAPPA, AGED ABOUT 73 YEARS, R/AT GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT -563101.

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SRI SOMANNA, S/O MUNIYAPPA, AGED ABOUT 70 YEARS, R/AT GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT -563101.

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SMT CHIKKA MUNIYAMMA, W/O MUNIVENKATAPPA AGED ABOUT 60 YEARS,

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R/AT GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT -563101.

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…RESPONDENTS

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(BY R1(A)(B)(C)(D) AND (E), R2, R3(A), R3(B), R3(C), R3(E) ARE SERVED, R6, R7 AND R8 ARE SERVED R4 AND R5 ARE DECEASED)

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THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED01.08.2009 PASSED IN R.A.NO.122/2007 ON THE FILE OF THE I-ADDL. DISTRICT

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4 - NC: 2025:KHC:24230 RSA No. 872 of 2010 C/W RSA No. 871 of 2010

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HC-KAR

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JUDGE, KOLAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.09.2007 PASSED IN O.S.NO.170/2000 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN)& CJM, KOLAR.

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IN RSA NO. 871/2010

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BETWEEN:

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VENKATARAMAIAH, S/O MUNIYAPPA, AGED ABOUT 65 YEARS, R/AT GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK & DISTRICT - 563101.

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...APPELLANT

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(BY SRI RAHUL P, ADVOCATE)

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AND:

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CHIKKA VENKATARAMAPPA, SINCE DECEASED REP BY LRS

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1(a) SRI SOMAPPA,

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S/O CHIKKA VENKATARAMAPPA, AGED ABOUT 45 YEARS, R/AT KENCHANAHALLI VILLAGE, UTHANUR HOBLI, MULBAGAL TALUK.

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1(b) SRI NANJUNDAPPA, S/O CHIKKA VENKATARAMAPPA, AGED ABOUT 35 YEARS, R/AT GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK - 563101.

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1(c) SMT ASWATHAMMA, D/O CHIKKA VENKATARAMAPPA, AGED ABOUT 40 YEARS,

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1(d) SRI RAMACHANDRAPPA, S/O CHIKKA VENKATARAMAPPA, AGED ABOUT 32 YEARS,

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5 - NC: 2025:KHC:24230 RSA No. 872 of 2010 C/W RSA No. 871 of 2010

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HC-KAR

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1(e) SRI MUNIYAPPA, S/O CHIKKA VENKATARAMAPPA, AGED ABOUT 30 YEARS, ALL ARE R/AT GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT - 563101.

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SMT MUNIYAMMA, W/O HANUMANTHAPPA, AGED ABOUT 70 YEARS, R/AT ITHARASANAHALLI VILLAGE, HOLUR HOBLI, KOLAR TALUK - 563101.

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SRI CHIKKA MUNIVENKATAPPA, S/O MUNIYAPPA, AGED ABOUT 70 YEARS, SINCE DECEASED

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SMT SAKAMMA, W/O RAMAIAH, AGED ABOUT 80 YEARS, SINCE DECEASED

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SRI DODDA VENKATARAMAIAH, S/O SONNAPPA, AGED ABOUT 93 YEARS, SINCE DECEASED

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SMT DODDA VENKATAMMA, SINCE DECEASED REPRESENTED BY HIS LEGAL REPRESENTATIVES

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6(a) ANJINAPPA,

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S/O LATE DODDA VENKATAMMA, AGED ABOUT 60 YEARS,

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6(b) ERAMMA, D/O LATE DODDA VENKATAMMA, AGED ABOUT 55 YEARS,

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6 - NC: 2025:KHC:24230 RSA No. 872 of 2010 C/W RSA No. 871 of 2010

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HC-KAR

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BOTH ARE R/AT GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT - 563101.

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SRI SOMANNA, S/O MUNIYAPPA, AGED ABOUT 70 YEARS, R/A GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT - 563101.

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SRI SOMANNA, SINCE DECEASED REPRESENTED BY HIS LEGAL REPRESENTATIVES

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8(a) VENKATARATHNAMMA, W/O VIJAY KUMAR, D/O LATE SOMANNA, AGED ABOUT 35 YEARS, R/AT KADENAHALLI VILLAGE, BYRAKUR HOBLI, MULBAGAL TALUK, KOLAR DISTRICT - 563101. (AMENDEMENT CARRIED OUT AS PER COURT ORDER DT 29.08.2018)

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...RESPONDENTS

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(R1(A), R1(B), R1(C), R1(D), R1(E) ARE SERVED R2 IS SERVED, R6(A), R6(B) SERVED R7 AND R8(a) ARE SERVED, R3, R4 AND R5 ARE DECEASED)

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THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.08.2009 PASSED IN R.A.NO.193/2007 ON THE FILE OF THE I-ADDL. DISTRICT JUDGE, KOLAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.09.2007 PASSED IN O.S.NO.170/2000 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN)& CJM, KOLAR.

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

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