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Ningaiah Vs Sri B L Nanjappa — Karnataka HC (2026) — LawSathi Research

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Karnataka HC
2026
Ningaiah Vs Sri B L NanjappaNingaiah v. Sri B L Nanjappa

Dismissed¶44

Ningaiah v. Sri B L Nanjappa

Karnataka HC6 Feb 2026MSA/107/2022

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; MSA No. 107 of 2022 (RO); Ningaiah (since dead) rep. by LRs. v. B.L. Nanjappa and others; miscellaneous second appeal under S.100 r/w Order XLIII Rule 1(u) CPC; challenge to judgment and order dated 10.10.2019 of I Additional Senior Civil Judge and CJM, Mandya in R.A.No.02/2019; appeal dismissed as withdrawn on counsel's memo recording infructuousness; pending interlocutory applications do not survive; decided 06.02.2026 by Anant Ramanath Hegde, J.; Mandya district property/appeal matter.

What did the court decide?

The memo filed by learned counsel for the appellants stating that the appeal has become infructuous is accepted. ¶43

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the miscellaneous second appeal, stated by learned counsel for the appellants in a memo to have become infructuous, should be dismissed as withdrawn at the admission stage.

Court's answer

The memo filed by learned counsel for the appellants stating that the appeal has become infructuous is accepted.

Ratio / Principle

The appeal is dismissed as withdrawn.

Key takeaways

In view of the dismissal of the appeal, the pending interlocutory applications do not survive for consideration.ratio¶46

Detailed headnote1 paragraphs

Miscellaneous Second Appeal No. 107 of 2022 (RO), filed under Section 100 read with Order XLIII Rule 1(u) of CPC by the legal representatives of the deceased original appellant Ningaiah, challenging the judgment and order dated 10.10.2019 passed by the I Additional Senior Civil Judge and CJM, Mandya in R.A.No.02/2019. When the appeal came on for admission, learned counsel for the appellants filed a memo stating that the appeal had become infructuous. The Court accepted the memo and dismissed the appeal as withdrawn. Consequently, the pending interlocutory applications were held not to survive for consideration. Bench: Hon'ble Mr. Justice Anant Ramanath Hegde (oral judgment); decided 06.02.2026. No substantive issue was adjudicated and no precedent was cited.

A

1 -

NC: 2026:KHC:7292 MSA No. 107 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO.107 OF 2022 (RO)

BETWEEN:

NINGAIAH

S/O.KARIGOWDA

SINCE DEAD REP BY HIS LRS.

SMT.SUSHEELAMMA W/O.CHIKKAMOGGAIAH AGED ABOUT 50 YEARS

SMT.RADHA W/O.BYREGOWDA AGED ABOUT 45 YEARS

SRI VENKATESH S/O.LATE NINGAIAH AGED ABOUT 43 YEARS

Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

SMT.PUTTAMANGALA W/O.KARIGOWDA AGED ABOUT 41 YEARS

SRI KUMARA S/O.LATE NINGAIAH AGED ABOUT 39 YEARS

ALL ARE RESIDING AT B.HOSURU VILLAGE KEREGODU HOBLI MANDYA TALUK & DISTRICT-571 446

…APPELLANTS

(BY SRI BASAVARAJU P., ADVOCATE)

2 -

NC: 2026:KHC:7292 MSA No. 107 of 2022

HC-KAR

AND:

SRI B.L.NANJAPPA S/O.LINGEGOWDA AGED ABOUT 55 YEARS

SRI B.N.KRISHNA S/O.LINGEGOWDA AGED ABOUT 45 YEARS

SRI B.H.NAGARAJU S/O.HANUMANTHAIAH AGED ABOUT 51 YEARS

MS.SUNITHA D/O.B.H.NAGARAJU AGED ABOUT 27 YEARS

MS.VEDAVATHI D/O.B.H.NAGARAJU AGED ABOUT 25 YEARS

MS.ANITHA D/O.B.H.NAGARAJU AGED ABOUT 23 YEARS

ALL ARE RESIDING AT BILIDEGULA VILLAGE KEREGODU HOBLI MANDYA TALUK & DISTRICT-571 446

…RESPONDENTS

(BY SRI PRAMOD R., ADVOCATE FOR R-1 & R-2; NOTICE TO R-3, R-4 & R-5 IS HELD SUFFICIENT V/O. DATED 25.10.2024; R-6 IS SERVED)

THIS MSA FILED UNDER SECTION 100 READ WITH ORDER XLIII RULE 1(u) OF CPC PRAYING TO SET-ASIDE THE JUDGMENT AND ORDER DATED 10.10.2019 PASSED IN

3 -

NC: 2026:KHC:7292 MSA No. 107 of 2022

HC-KAR

RA.No.02/2019 BY I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANDYA AND ETC.

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

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL JUDGMENT

Learned counsel for appellants files a memo stating that

the appeal has become infructuous.

The said memo is accepted.

Accordingly, the appeal is dismissed as withdrawn.

In view of dismissal of the appeal, pending interlocutory

applications do not survive for consideration.

SD/(ANANT RAMANATH HEGDE) JUDGE

LB List No.: 1 Sl No.: 24

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the miscellaneous second appeal, stated by learned counsel for the appellants in a memo to have become infructuous, should be dismissed as withdrawn at the admission stage.medium confidence¶42
The court held
The memo filed by learned counsel for the appellants stating that the appeal has become infructuous is accepted.ratio¶43

Statutes considered

2 provisions across 1 enactments

AI extract

Code of Civil Procedure (CPC)Section 100¶33 Order XLIII Rule 1(u)¶33

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and order dated 10.10.2019 passed in R.A.No.02/2019¶33
I Additional Senior Civil Judge and CJM, Mandya · 10.10.2019
Prior proceeding
The MSA was filed under Section 100 read with Order XLIII Rule 1(u) of CPC praying to set aside the judgment and order dated 10.10.2019 passed in R.A.No.02/2019 by the I Additional Senior Civil Judge and CJM, Mandya.¶33
Prior proceeding
Notice to respondent nos. 3, 4 and 5 was held sufficient vide order dated 25.10.2024; respondent no. 6 was served.¶32

Parties & counsel

AI extract

appellant
NINGAIAH S/O. KARIGOWDA (since dead, rep. by his LRs.)¶8
Sri Basavaraju P.
appellant
Smt. Susheelamma W/o. Chikkamoggaiah¶11
Sri Basavaraju P.
appellant
Smt. Radha W/o. Byregowda¶12
Sri Basavaraju P.
appellant
Sri Venkatesh s/o. Late Ningaiah¶13
Sri Basavaraju P.
appellant
Smt. Puttamangala W/o. Karigowda¶15
Sri Basavaraju P.
appellant
Sri Kumara s/o. Late Ningaiah¶16
Sri Basavaraju P.
respondent
Sri B.L. Nanjappa s/o. Lingegowda¶24
Sri Pramod R.
respondent
Sri B.N. Krishna s/o. Lingegowda¶25
Sri Pramod R.
respondent
Sri B.H. Nagaraju s/o. Hanumanthaiah¶26
respondent
Ms. Sunitha d/o. B.H. Nagaraju¶27
respondent
Ms. Vedavathi d/o. B.H. Nagaraju¶28
respondent
Ms. Anitha d/o. B.H. Nagaraju¶29

Coram

AI extract

Hon'ble Mr. Justice Anant Ramanath Hegdeauthor¶39

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 6 Feb 2026 · February
Registered: 23 Sept 2022
Case no.: MSA/107/2022
CNR: KAHC010443512022
Bench: Anant Ramanath Hegde
Disposal: DISMISSED
Case type: Miscellaneous Second Appeal (MSA)

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Cite this judgement

Ningaiah v. Sri B L Nanjappa, MSA/107/2022 (KA), decided on 6 February 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Code of Civil Procedure (CPC)Section 100 · Order XLIII Rule 1(u)

View all statutes

Procedural history3

Judgment and order dated 10.10.2019 passed in R.A.No.02/2019I Additional Senior Civil Judge and CJM, Mandya · 10.10.2019
The MSA was filed under Section 100 read with Order XLIII Rule 1(u) of CPC praying to set aside the judgment and order dated 10.10.2019 passed in R.A.No.02/2019 by the I Additional Senior Civil Judge and CJM, Mandya.
Notice to respondent nos. 3, 4 and 5 was held sufficient vide order dated 25.10.2024; respondent no. 6 was served.

View full history

Bench / Coram

Hon'ble Mr. Justice Anant Ramanath Hegde

Parties & counsel