Disposed¶64

D Kenchappa v. Sri D C Basavaraju

Karnataka HC17 Mar 2026MFA/7782/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; MFA No. 7782 of 2024 (CPC); decided 17.03.2026 by K.S. Hemalekha, J. Appeal under Order 43 Rule 1(c) CPC against dismissal of I.A. No. 1 under Section 5 of the Limitation Act in Misc. No. 19/2021 (Principal Senior Civil Judge and JMFC, Devanahalli, order dated 21.08.2024). Appeal not decided on merits; withdrawn by memo citing appeal value below Rs. 10 lakhs; withdrawal permitted with liberty; disposed of for statistical purposes. No precedent cited, no issue framed, no holding.

What did the court decide?

Memo for withdrawal filed by learned counsel for the appellants taken on record; counsel permitted to withdraw the appeal with liberty as prayed for; appeal disposed of for statistical purposes. ¶64

D Kenchappa Vs Sri D C Basavaraju — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:15613 MFA No. 7782 of 2024

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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 17^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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MISCELLANEOUS FIRST APPEAL NO. 7782 OF 2024 (CPC)

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BETWEEN:

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D KENCHAPPA S/O LATE DODDAMUNIYAPPA SINCE DEAD BY HIS LRS

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KRISHNAMMA W/O LATE D KENCHAPPA AGED ABOUT 69 YEARS

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LAKSHMI KUMAR K S/O LATE D KENCHAPPA AGED ABOUT 50 YEARS

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SHANKAR K

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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S/O LATE D KENCHAPPA AGED ABOUT 48 YEARS

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RAJASHEKAR K S/O LATE D KENCHAPPA AGED ABOUT 45 YEARS

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RAVICHANDRA K

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S/O LATE D KENCHAPPA AGED ABOUT 43 YEARS

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D RAMANJANAPPA S/O LATE DODDAMUNIYAPPA AGED ABOUT 65 YEARS

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2 - NC: 2026:KHC:15613 MFA No. 7782 of 2024

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HC-KAR

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AGRICULTURIST

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ALL ARE R/O SANNE AMANIKERE VILLAGE, KASABA HOBLI, DEVANAHALLI TQ, BENGALURU RURAL DISTRICT

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&APPELLANTS

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(BY SRI. MANJUNATHA P., ADVOCATE)

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AND:

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SRI D C BASAVARAJU S/O LATE CHIKKABASAPPA, AGED ABOUT 62 YEARS

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SMT M P VANI W/O SRI D C BASAVARAJU AGED ABOUT 57 YEARS

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SRI B PRAPULLA S/O D C BASAVARAJU AGED ABOUT 32 YEARS

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B PAVITHRA D/O D C BASAVARAJU AGED ABOUT 28 YEARS

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SRI B HARSHA S/O D C BASAVARAJU AGED ABOUT 24 YEARS

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ALL ARE R/O NO 62, 5TH CROSS ROAD, BAPUJI LAYOUT, VIJAYANAGAR, BANGALORE 560040

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SRI K MANIRAJU S/O LATE KEMPANNA

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3 - NC: 2026:KHC:15613 MFA No. 7782 of 2024

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HC-KAR

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AGED ABOUT 47 YEARS, NO 366, KMP ARCADE, MATADAHALLI, R T NAGAR MAIN ROAD, BENGALURU - 560 032

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SRI PRATEEK KUMAR S/O PRAFUL KUMAR AGED ABOUT 56 YEARS REP BY HIS G.P.A. HOLDER, AYUSH THAPA, S/O MAHENDRA SINGH THAPA AGED ABOUT 38 YEARS, R/O NO 187, SOFIA MANZIL, 12TH CROSS, DOLLARS COLONY, BANGALORE - 560 094

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SRI MUNIKRISHNAPPA SINCE DECEASED REPRESENTED BY HIS LEGAL REPRESENTATIVES,

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8A. ANJUNAMMA

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AGED ABOUT 68 YEARS

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8B. PURUSHOTHAM M AGED ABOUT 43 YEARS

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8C. PUSHPAVATHI AGED ABOUT 40 YEARS

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8D. SHASHIKALA

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AGED ABOUT 38 YEARS

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SRI MUNI NARAYANAPPA SINCE DECEASED

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NC: 2026:KHC:15613 MFA No. 7782 of 2024

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HC-KAR

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REPRESENTED BY HIS LEGAL REPRESENTATIVE

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9A. LAKSHMAMMA

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AGED ABOUT 63 YEARS

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MANJESH M AGED ABOUT 39 YEARS

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&RESPONDENTS

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THIS MFA IS FILED UNDER ORDER 43 RULE 1(c) OF CPC, AGAINST THE ORDER DATED 21.08.2024 PASSED ON I.A. NO. 1 IN MISC.NO.19/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, DISMISSING THE I.A. NO.1 FILED UNDER SECTION 5 OF THE LIMITATION ACT.

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

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

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Learned counsel for the appellants has filed a memo

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for withdrawal stating that the value of the appeal is less than Rs.10 lakhs.

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