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Sri Venkatesh Vs Smt Annapurna — Karnataka HC (2026) — LawSathi Research

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Karnataka HC
2026
Sri Venkatesh Vs Smt AnnapurnaSri Venkatesh v. Smt Annapurna

Dismissed¶79

Sri Venkatesh v. Smt Annapurna

Karnataka HC23 Jan 2026RFA/269/2016

Case brief

AI extract

What is this about?

Status-tracking record only; no legal principle enunciated. Keywords: withdrawal of appeals; memo filed by counsel; Section 96 CPC; Regular First Appeal (PAR); O.S. No. 108/2011; II Additional Senior Civil Judge, Chikkamagaluru; judgment and decree dated 20.08.2015; dismissed as withdrawn; pending IAs disposed; Kenchaiah family (Venkatesh, K. Mohan, K. Vijaya, K. Sharadamma, Leela, Harish, Aruna); Dharmappa / Late D.K. Dharmappa family (Annapurna / Annapoorna, Manjunath / D. Manjunath, Divakara / D. Diwakar, Kavitha / D. Kavitha); B.P. Jagadeesh; B P Girish; Puttanna; High Court of Karnataka, Bengaluru; coram D K Singh and S Rachaiah; NC: 2026:KHC:4131-DB.

What did the court decide?

Permission to withdraw effectively granted: both appeals (RFA No. 269 of 2016 and RFA No. 1588 of 2015) dismissed as withdrawn on the memos filed by learned counsel for the appellants; pending IAs, if any, disposed of.

Why is it important?

Considering the statements made in the memos filed by learned counsel for the appellants in both appeals seeking permission to withdraw, the Court dismissed both appeals as withdrawn. ¶79

What the court decided

AI extract

Outcome

Permission to withdraw effectively granted: both appeals (RFA No. 269 of 2016 and RFA No. 1588 of 2015) dismissed as withdrawn on the memos filed by learned counsel for the appellants; pending IAs, if any, disposed of.

Ratio / Principle

Considering the statements made in the memos filed by learned counsel for the appellants in both appeals seeking permission to withdraw, the Court dismissed both appeals as withdrawn.

Key takeaways

In view of the dismissal of the appeals as withdrawn, pending interlocutory applications (IAs), if any, stood disposed of.ratio¶81

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (coram: Hon'ble Mr. Justice D K Singh and Hon'ble Mr. Justice S Rachaiah; oral judgment delivered per Justice D K Singh), judgment dated 23 January 2026 [NC: 2026:KHC:4131-DB]. Consolidated Regular First Appeals — RFA No. 269 of 2016 (PAR) (Venkatesh, K. Mohan, K. Vijaya, K. Sharadamma, Leela, Harish and Aruna v. Annapurna, Manjunath, Divakara, Kavitha, B.P. Jagadeesh and B P Girish) c/w RFA No. 1588 of 2015 (PAR) (Annapoorna, D. Manjunath, D. Diwakar and D. Kavitha v. Venkatesh and eight others) — both filed under Section 96 of the Code of Civil Procedure against the judgment and decree dated 20.08.2015 passed in O.S. No. 108/2011 by the II Additional Senior Civil Judge, Chikkamagaluru. Learned counsel for the appellants filed memos in both appeals seeking permission of the Court to withdraw; considering the statements made in both the memos, the Court dismissed both appeals as withdrawn and, in view of that dismissal, directed that pending IAs, if any, stand disposed of. No substantive question touching the decree of 20.08.2015 was examined; with the appeals withdrawn, that decree remains the operative disposition of O.S. No. 108/2011. Precedential value: nil (procedural disposal only).

A

1 - NC: 2026:KHC:4131-DB RFA No. 269 of 2016 C/W RFA No. 1588 of 2015

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF JANUARY, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH AND

THE HON'BLE MR. JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 269 OF 2016 (PAR)

C/W

REGULAR FIRST APPEAL NO. 1588 OF 2015 (PAR)

IN RFA No. 269/2016

BETWEEN:

SRI. VENKATESH S/O.KENCHAIAH, AGED ABOUT 60 YEARS,

Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI

Location: High Court of Karnataka

SRI. K MOHAN S/O.KENCHAIAH, AGED ABOUT 55 YEARS,

KUM. K VIJAYA D/O.LATE KENCHAIAH, AGED ABOUT 43 YEARS,

SMT. K SHARADAMMA D/O.LATE KENCHAIAH, AGED ABOUT 60 YEARS,

APPELLANTS 1 AND 4 ARE R/AT AGASARA BEEDHI, CHIKKAMAGALURU.

2 - NC: 2026:KHC:4131-DB RFA No. 269 of 2016 C/W RFA No. 1588 of 2015

HC-KAR

SMT. LEELA W/O.LATE K.CHANDRASHEKAR, AGED ABOUT 55 YEARS,

SRI. HARISH S/O LATE K.CHANDRASHEKAR, AGED ABOUT 30 YEARS,

SRI. ARUNA S/O.LATE K.CHANDRASHEKAR, AGED ABOUT 29 YEARS,

APPELLANTS 5 TO 7 ARE R/O NEAR CANARA BANK, DHOBHI STREET, CHIKKAMAGALURU – 577 101.

…APPELLANTS

(BY SRI. P N NANJA REDDY, ADVOCATE)

AND:

SMT. ANNAPURNA W/O. LATE D. K. DHARMAPPA, AGED ABOUT 59 YEARS,

SRI. MANJUNATH S/O.LATE D.K.DHARMAPPA, AGED ABOUT 33 YEARS,

SRI. DIVAKARA S/O.LATE D.K.DHARMAPPA, AGED ABOUT 29 YEARS,

3 - NC: 2026:KHC:4131-DB RFA No. 269 of 2016 C/W RFA No. 1588 of 2015

HC-KAR

SMT. KAVITHA D/O.LATE D.K.DHARMAPPA, AGED ABOUT 34 YEARS,

RESPONDENTS 1 TO 4 ARE R/O NO.14 "DARPANA", BEHIND SAHYADRI COLLEGE, MATTUR ROD, SHIMOGA – 577 201.

SRI. B.P. JAGADEESH S/O PUTTANNA, AGED ABOUT: MAJOR

SRI. B P GIRISH S/O PUTTANNA, AGED ABOUT: MAJOR, R/O SHETTY STREET, CHIKKAMAGALURU – 577 101.

…RESPONDENTS (BY SRI. N.SHANKARANARAYANA BHAT, ADVOCATE FOR R1-R4; SRI. C R RAVISHANKAR, ADVOCATE FOR R5 & R6)

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.08.2015 PASSED IN OS.NO.108/2011 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, CHIKKAMAGALURU AND ETC.,

IN RFA NO. 1588/2015

BETWEEN:

SMT. ANNAPOORNA

4 -

NC: 2026:KHC:4131-DB RFA No. 269 of 2016 C/W RFA No. 1588 of 2015

HC-KAR

AGED ABOUT 58 YEARS, W/O. LATE D.K. DHARMAPPA, RESIDING AT "SIDDESWARA KRUPA", 1^ST CROSS, VIDYANAGAR, SHIMOGA - 577 204.

SRI. D. MANJUNATH

AGED ABOUT 37 YEARS, S/O. LATE D.K. DHARMAPPA, RESIDING AT "SIDDESWARA KRUPA", 1^ST CROSS, VIDYANAGAR, SHIMOGA - 577 204.

SRI. D. DIWAKAR AGED ABOUT 33 YEARS, S/O. LATE D.K. DHARMAPPA, RESIDING AT "SIDDESWARA KRUPA", 1^ST CROSS, VIDYANAGAR, SHIMOGA - 577 204.

SMT. D. KAVITHA AGED ABOUT 38 YEARS, D/O. LATE D.K. DHARMAPPA, RESIDING AT "SIDDESWARA KRUPA", 1^ST CROSS, VIDYANAGAR, SHIMOGA - 577 204.

...APPELLANTS

(BY SRI. SHANKARANARAYANA BHAT N, ADVOCATE)

AND:

SRI. VENKATESH AGED ABOUT 59 YEARS, S/O. LATE KENCHAIAH, RESIDING AT BANASHANKARAMMA, TEMPLE STREET,

5 - NC: 2026:KHC:4131-DB RFA No. 269 of 2016 C/W RFA No. 1588 of 2015

HC-KAR

NEAR CANARA BANK, 1^ST CROSS, CHIKKAMAGALURU - 577 101.

SRI. K. MOHAN

AGED ABOUT 54 YEARS, S/O. LATE KENCHAIAH, RESIDING AT BANASHANKARAMMA, TEMPLE STREET, NEAR CANARA BANK, 1^ST CROSS, CHIKKAMAGALURU - 577 101.

SMT. K. VIJAYA

AGED ABOUT 47 YEARS, D/O. LATE KENCHAIAH, RESIDING AT AGASARA BEEDI, CHIKKAMAGALURU - 577 101.

SMT. SHARADAMMA K AGED ABOUT 50 YEARS, D/O. LATE KENCHAIAH, RESIDING AT AGASARA BEEDI, CHIKKAMAGALURU - 577 101.

SMT. LEELA

AGED ABOUT 54 YEARS, W/O. LATE K. CHANDRASHEKAR, RESIDING NEAR CANARA BANK, DHOBHI STREET, CHIKKAMAGALURU - 577 101.

SRI. HARISH AGED ABOUT 29 YEARS, S/O. LATE K. CHANDRASHEKAR, RESIDING NEAR CANARA BANK, DHOBHI STREET, CHIKKAMAGALURU - 577 101.

6 - NC: 2026:KHC:4131-DB RFA No. 269 of 2016 C/W RFA No. 1588 of 2015

HC-KAR

SMT. ARUNA AGED ABOUT 28 YEARS, D/O. LATE K. CHANDRASHEKAR, RESIDING NEAR CANARA BANK, DHOBHI STREET, CHIKKAMAGALURU - 577 101.

SRI. B.P. JAGADEESH MAJOR IN AGE, S/O. PUTTANNA, RESIDING AT SHETTY STREET, CHIKKAMAGALURU - 577 101.

SRI.B.P. GIRISH MAJOR IN AGE, S/O. PUTTANNA, RESIDING AT SHETTY STREET, CHIKKAMAGALURU - 577 101.

...RESPONDENTS

(BY SRI. JANARADHANA G, ADVOCATE FOR R1-R7; SRI. C R RAVISHANKAR, ADVOCATE FOR R8 & R9)

THIS RFA IS FILED UNDER SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.08.2015 PASSED IN O.S.No.108/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, CHIKKAMAGALURU AND ETC.,

THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH

7 - NC: 2026:KHC:4131-DB RFA No. 269 of 2016 C/W RFA No. 1588 of 2015

HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

Learned counsel for the appellants has filed memos

in both cases seeking permission of this Court to withdraw these appeals.

Considering the statement made in both the memos, we dismiss these appeals as withdrawn.

In view of the dismissal of these appeals, pending

IA’s, if any, stand disposed of.

Sd/(D K SINGH) JUDGE

Sd/(S RACHAIAH) JUDGE

UN

List No.: 1 Sl No.: 1

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure, 190896¶71

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 20.08.2015 passed in O.S. No. 108/2011, challenged in both Regular First Appeals under Section 96 CPC.¶37
II Additional Senior Civil Judge, Chikkamagaluru · 2015-08-20
Prior proceeding
Trial-stage decree: suit O.S. No. 108/2011 ended in a judgment and decree dated 20.08.2015 by the II Additional Senior Civil Judge, Chikkamagaluru; both appeals before this Court were filed under Section 96 CPC against that judgment and decree.¶71

Parties & counsel

AI extract

appellant
Venkatesh s/o Kenchaiah¶11
P N Nanja Reddy
appellant
K. Mohan s/o Kenchaiah¶14
P N Nanja Reddy
appellant
K. Vijaya d/o Late Kenchaiah¶15
P N Nanja Reddy
appellant
K. Sharadamma d/o Late Kenchaiah¶16
P N Nanja Reddy
appellant
Leela w/o Late K. Chandrashekar¶20
P N Nanja Reddy
appellant
Harish s/o Late K. Chandrashekar¶21
P N Nanja Reddy
appellant
Aruna s/o Late K. Chandrashekar¶22
P N Nanja Reddy
respondent
Annapurna w/o Late D. K. Dharmappa¶27
N. Shankaranarayana Bhat
respondent
Manjunath s/o Late D.K. Dharmappa¶28
N. Shankaranarayana Bhat
respondent
Divakara s/o Late D.K. Dharmappa¶29
N. Shankaranarayana Bhat
respondent
Kavitha d/o Late D.K. Dharmappa¶32
N. Shankaranarayana Bhat
respondent
B.P. Jagadeesh s/o Puttanna¶34
C R Ravishankar
respondent
B P Girish s/o Puttanna¶35
C R Ravishankar
appellant
Annapoorna w/o Late D.K. Dharmappa¶40
Shankaranarayana Bhat N
appellant
D. Manjunath s/o Late D.K. Dharmappa¶45
Shankaranarayana Bhat N
appellant
D. Diwakar s/o Late D.K. Dharmappa¶47
Shankaranarayana Bhat N
appellant
D. Kavitha d/o Late D.K. Dharmappa¶48
Shankaranarayana Bhat N
respondent
Venkatesh, K. Mohan, K. Vijaya, Sharadamma K, Leela, Harish, Aruna, B.P. Jagadeesh and B P Girish (respondents 1 to 9 in RFA No. 1588/2015)¶52
Janaradhana G, C R Ravishankar

Coram

AI extract

Hon'ble Mr. Justice D K Singhauthor¶76
Hon'ble Mr. Justice S Rachaiahmember¶72

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 23 Jan 2026 · January
Registered: 11 Feb 2016
Case no.: RFA/269/2016
CNR: KAHC010223542016
Bench: D K Singh S Rachaiah
Disposal: DISMISSED
Case type: Regular First Appeal (PAR)

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Cite this judgement

Sri Venkatesh v. Smt Annapurna, RFA/269/2016 (KA), decided on 23 January 2026.

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 Procedure, 190896

View all statutes

Procedural history2

Judgment and decree dated 20.08.2015 passed in O.S. No. 108/2011, challenged in both Regular First Appeals under Section 96 CPC.II Additional Senior Civil Judge, Chikkamagaluru · 2015-08-20
Trial-stage decree: suit O.S. No. 108/2011 ended in a judgment and decree dated 20.08.2015 by the II Additional Senior Civil Judge, Chikkamagaluru; both appeals before this Court were filed under Section 96 CPC against that judgment and decree.

View full history

Bench / Coram

Hon'ble Mr. Justice D K Singh and Hon'ble Mr. Justice S Rachaiah

Parties & counsel