Dismissed¶55

Sri. H K Nagaraju v. Sri. H K Shankaregowda

Karnataka HC18 Feb 2026RFA/953/2011

Case brief

AI extract

What is this about?

Partition and separate possession suit (O.S.432/2001, Judge, Court of Small Causes and Senior Civil Judge, Mysore) of the heirs of late Sri. Kenchegowda (Pandavapura, Mandya district) dismissed by decree dated 28.02.2011; Regular First Appeal No. 953 of 2011 (PAR) under Section 96 CPC dismissed for non-prosecution on 18.02.2026 (Justices Jayant Banerji and T.M. Nadaf, HC-Karnataka) after two call-outs produced no appearance for the appellants; appeal against respondent 4 abated (order dated 05.04.2021); no cases cited, no issues framed, no ratio; not citable for any legal proposition.

What did the court decide?

The appeal is dismissed for non-prosecution because, despite the matter being called out twice, no one appeared for the appellants. ¶55

Sri. H K Nagaraju Vs Sri. H K Shankaregowda — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:9978-DB RFA No. 953 of 2011

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE JAYANT BANERJI AND

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THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 953 OF 2011 (PAR)

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BETWEEN:

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SRI. H.K NAGARAJU, S/O LATE SRI. KENCHEGOWDA, AGED 51 YEARS, AT: HOUSE ASST. NO. 74/553, PANDAVAPURA - MANDYA ROAD, OPP: VIJAYA BANK, PANDAVAPURA - 571 434. MANDYA DISTRICT.

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SRI. H.K. SWAMYGOWDA, S/O. LATE SRI. KENCHEGOWDA, AGED 49 YEARS,

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Digitally Signed by REKHA R Location : High Court of Karnataka

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AT: HIREMARALI VILLAGE, KASABA HOBLI, PANDAVAPURA-571434 MANDYA DISTRICT.

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SRI. H.K SATYANARAYANA S/O LATE SRI KENCHEGOWDA SINCE DEAD REPRESENTED BY HIS LRS.

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D.J. PRATHIMA

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3(a) W/O. LATE SATYANARAYANA AGED ABOUT 50 YEARS.

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3(b) H.S.SINDHUSHREE D/O. LATE SATYANARAYANA AGED ABOUT 27 YEARS.

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NC: 2026:KHC:9978-DB RFA No. 953 of 2011

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HC-KAR

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3(c) H.S.SHRADHA D/O. LATE SATYANARAYANA

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AGED ABOUT 25 YEARS.

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3(d) H.S.DARSHAN S/O. LATE SATYANARAYANA

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AGED ABOUT 22 YEARS.

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APPELLANTS 3(a) TO 3(d) ARE RESIDING AT HIREMARALI VILLAGE, KASABA HOBLI, PANDAVAPURA-571434 MANDYA DISTRICT.

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SMT. SAKAMMA W/O. LATE. SRI KENCHEGOWDA AGED 83 YEARS AT HIREMARALI VILLAGE KASABA HOBLI PANDAVAPURA-571434. MANDYA DISTRICT.

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…APPELLANTS

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(BY SRI. N KUMAR, ADVOCATE FOR R1 AND R2 (ABSENT), SRI. K.M.SOMASHEKARA, ADVOCATE FOR R3 (ABSENT), SRI. SAKAMMA-A4, APPEARING AS PARTY-IN-PERSON)

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AND:

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SRI. H.K SHANKAREGOWDA S/O. LATE SRI. KENCHEGOWDA SINCE DEAD REPRESENTED BY HIS LRs.

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1(a) VASANTHA.S W/O. LATE H.K.SHANKAREGOWDA, AGED ABOUT 60 YEARS.

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1(b) H.S.VINAY S/O. LATE H.S.SHANKAREGOWDA AGED ABOUT 38 YEARS.

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NC: 2026:KHC:9978-DB RFA No. 953 of 2011

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HC-KAR

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1(c) H.S.VIVEK S/O. LATE H.K.SHANKAREGOWDA AGED ABOUT 35 YEARS.

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RESPONDENTS 1(a) TO 1(c) ARE R/AT. D.NO.556, NEW KANTARAJ URS ROAD, KUVEMPURNAGAR, MYSORE-570 023.

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SMT. H.K SHARADAMMA W/O.SRI. JAYARAMEGOWDA AGED 71 YEARS R/AT DAMADAHALLI VILLAGE K.BETTAHALLI POST, CHINAKURAHALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT.

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SMT. H.K PARVATHAMMA, W/O.SRI. SHANKAR (PSSK LAB CHEMIST) AGED 64 YEARS R/AT. KIRANGURU VILLAGE NEAR SHREE GANAPATHI TEMPLE SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT.

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SMT. H.K MANGALA W/O. T.S.N SWAMY AGED 53 YEARS R/AT NO. C-38, G-B LINE, 2^ND CROSS, COTTONPET BENGALURU-560053.

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4 - NC: 2026:KHC:9978-DB RFA No. 953 of 2011

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HC-KAR

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SMT. H.K SAVITHRI W/O. LATE SRI. V.H GIRISH AGED 41 YEARS R/AT ARALALUSANDRA VILLAGE ARALALU SANDRA P.O., VIRUPAKSHAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT.

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…RESPONDENTS

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(BY SRI. KRISHNAMURTHY G HASYAGAR, ADVOCATE FOR R1(A AND B).

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R2, R3 AND R5 ARE SERVED AND UNREPRESENTED VIDE ORDER DATED 05.04.2021 APPEAL AGAINST R4 DISMISSED AS ABATED)

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THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED28.02.2011 PASSED IN O.S.432/2001 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSORE, DISMISSING THE SUIT FOR THE PARTITION AND SEPARATE POSSESSION.

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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 MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF

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NC: 2026:KHC:9978-DB RFA No. 953 of 2011

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HC-KAR

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ORAL JUDGMENT

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