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Sri. Puttaraju Vs Sri. Ameer Jan — Karnataka HC (2026) — LawSathi Research

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Karnataka HC
2026
Sri. Puttaraju Vs Sri. Ameer JanSri. Puttaraju v. Sri. Ameer Jan

Dismissed¶66

Sri. Puttaraju v. Sri. Ameer Jan

Karnataka HC1 Jul 2026RSA/1051/2021

Case brief

AI extract

What is this about?

Both regular second appeals (Section 100 CPC, Karnataka HC, V Srishananda, J., 01.07.2026) dismissed without merits adjudication: abatement against respondent No.1 who died on 06.12.2024 with no legal representatives impleaded, and dismissal for non-prosecution due to unpaid costs of Rs.500/-. Underlying matters: OS No.791/2013 (III Addl. Civil Judge & JMFC, Hassan, decree 02.02.2017); RA.No.43/2017 (appeal dismissed, decree modified) and RA.NO.36/2017 (appeal allowed, decree set aside), both dated 27.10.2021 before II Addl. Senior Civil Judge & JMFC, Hassan. Keywords: abatement; death of respondent; legal representatives; non-prosecution; costs unpaid; DEC/INJ; Hassan; Puttaraju; Ameer Jan.

What did the court decide?

Respondent No.1 in both appeals died on 06.12.2024 and no steps were taken to bring his legal representatives on record; therefore, by operation of law, both appeals stand dismissed as abated insofar as respondent No.1 is concerned.

What the court decided

AI extract

Outcome

Dismissed

Ratio / Principle

Respondent No.1 in both appeals died on 06.12.2024 and no steps were taken to bring his legal representatives on record; therefore, by operation of law, both appeals stand dismissed as abated insofar as respondent No.1 is concerned.

Key takeaways

In view of the death of respondent No.1, the office objections with regard to his father's name stand rendered infructuous.ratio¶63
The cost of Rs.500/- ordered by the Court was not paid; accordingly, both appeals stand dismissed for non-prosecution.ratio¶66

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (V Srishananda, J.), 01.07.2026 - RSA No. 1051 of 2021 C/W RSA No. 1052 of 2021, filed under Section 100 CPC against the judgments and decrees dated 27.10.2021 in RA.No.43/2017 and RA.NO.36/2017 (II Additional Senior Civil Judge and JMFC, Hassan), arising out of the judgment and decree dated 02.02.2017 in OS No.791/2013 (III Additional Civil Judge and JMFC, Hassan). Respondent No.1 in both appeals died on 06.12.2024 and no steps were taken to bring his legal representatives on record; by operation of law both appeals stood dismissed as abated insofar as respondent No.1 is concerned, and the office objections regarding his father's name were rendered infructuous. As the cost of Rs.500/- ordered by the Court remained unpaid, both appeals were dismissed for non-prosecution. No adjudication on the merits of the second appeals.

A

1 - NC: 2026:KHC:32729 RSA No. 1051 of 2021 C/W RSA No. 1052 of 2021

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1051 OF 2021 (DEC/INJ) C/W REGULAR SECOND APPEAL NO. 1052 OF 2021

IN RSA No. 1051/2021

BETWEEN:

SRI. PUTTARAJU S/O. CHENNEGOWDA, AGED ABOUT 62 YEARS

SRI. MARIGOWDA S/O. CHENNEGOWDA, AGED ABOUT 59 YEARS

SRI. SHEKARA S/O. SIDDEGOWDA,

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

AGED ABOUT 52 YEARS

SRI. KUMAR S/O. SIDDEGOWDA, AGED ABOUT 49 YEARS

ALL ARE R/O. BANAVASE VILLAGE, KATTAYA HOBLI, HASSAN TALUK - 571 187

…APPELLANTS

(BY SRI. ADINARAYAN, ADVOCATE FOR APPELLANTS NO.1 & 2 SRI. D.N. NAGARAJ, ADVOCATE FOR APPELLANTS NO.3 & 4)

2 - NC: 2026:KHC:32729 RSA No. 1051 of 2021 C/W RSA No. 1052 of 2021

HC-KAR

AND:

SRI. AMEER JAN S/O. LATE. MOHAMMED BHASHEER SAB @ SABULAL SAB, AGED ABOUT 72 YEARS NO.25, MAVALLI VINOGHA NAGAR, LALBHAG, BANGALORE

SRI. SARDAR AHAMED S/O. LATE MOHAMMED BHASHEER SAB @ SABULAL SAB,

R/O. SALIM NAGAR, CHIPPINA KATTE, HASSAN.

SRI. MUKHTHAR AHAMED S/O LATE. MOHAMMED, BUDAN SAB @ SABULAL SAB, DEAD BY LRS,

SMT. NAFEEZA W/O. LATE. MUKHTHAR AHAMED,

SRI. EBRAR PASHA S/O. LATE. MUKHTHAR AHAMED,

BOTH ARE R/O. TIPPUNAGARA, CHIPPINA KATTE, HASSAN - 571 187.

SRI. SAMEER SAB

S/O. LATE. MOHAMMED BUDAN SAB, R/O. R R MATCH FACTORY, 1^ST CROSS, CHIPPINA KATTE ROAD, HASSAN - 571 187

…RESPONDENTS

(BY SRI. GEORGE JOSEPH, ADVOCATE FOR R2 TO R3 AND R5)

3 - NC: 2026:KHC:32729 RSA No. 1051 of 2021 C/W RSA No. 1052 of 2021

HC-KAR

THIS RSA IS FILED UNDER SECTION 100 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 27.10.2021 PASSED IN RA.No.43/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, DISMISSING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 02.02.2017 PASSED IN OS No.791/2013 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, HASSAN.

IN RSA NO. 1052/2021

BETWEEN:

SRI. PUTTARAJU S/O. CHENNEGOWDA, AGED ABOUT 62 YEARS

SRI. MARIGOWDA S/O. CHENNEGOWDA, AGED ABOUT 59 YEARS

SRI. SHEKARA S/O. SIDDEGOWDA, AGED ABOUT 52 YEARS

SRI. KUMAR S/O. SIDDEGOWDA, AGED ABOUT 49 YEARS

ALL ARE R/O. BANAVASE VILLAGE, KATTAYA HOBLI, HASSAN TALUK - 571 187

...APPELLANTS

(BY SRI. ADINARAYAN, ADVOCATE)

4 - NC: 2026:KHC:32729 RSA No. 1051 of 2021 C/W RSA No. 1052 of 2021

HC-KAR

AND:

SRI. AMEER JAN S/O. LAE. MOHAMMED BHASHEER SAB @ SABULAL SAB, AGED ABOUT 72 YEARS NO. 25, MAVALLI VINOGHA NAGAR, LALBHAG, BANGALORE

SRI. SARDAR AHAMED S/O. LATE MOHAMMED BUDEN SAB @ SABULAL SAB, AGED ABOUT 59 YEARS R/O. SALIM NAGAR, CHIPPINA KATTE, HASSAN - 571 187.

SRI. MUKHTHAR AHAMED S/O LATE. MOHAMMED BUDEN SAB @ SABULAL SAB, DEAD BY LRS,

SMT. NAFEEZA W/O. LATE. MUKHTHAR AHAMED,

SRI. EBRAR PASHA S/O. LATE. MUKHTHAR AHAMED,

BOTH ARE R/O. TIPPUNAGARA, CHIPPINA KATTE, HASSAN - 571 187.

SRI. SAMEER SAB S/O. LATE. MOHAMMED BUDEN, R/O. R R MATCH FACTORY, 1^ST CROSS, CHIPPINA KATTE ROAD, HASSAN - 571 187

...RESPONDENTS

(BY SRI. GEORGE JOSEPH, ADVOCATE FOR R2 TO R3 & R5)

5 - NC: 2026:KHC:32729 RSA No. 1051 of 2021 C/W RSA No. 1052 of 2021

HC-KAR

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.10.2021 PASSED IN RA.NO. 36/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, AND JMFC, HASSAN, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 02.02.2017 PASSED IN OS.NO.791/2013 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, HASSAN.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL JUDGMENT

Respondent No.1 in both the appeals said to have been died on 06.12.2024. Till today no steps are taken to bring the legal representatives of deceased respondent No.1 on record. Accordingly, by operation of law, appeals stand dismissed as abated insofar as respondent No.1 is concerned in both the appeals.

In view of death of respondent No.1, office objections with regard to the father's name of respondent No.1 has rendered infructuous.

6 - NC: 2026:KHC:32729 RSA No. 1051 of 2021 C/W RSA No. 1052 of 2021

HC-KAR

Cost of Rs.500/- ordered by this Court is not paid. Accordingly, appeals stand dismissed for non-prosecution.

Sd/(V SRISHANANDA) JUDGE

BH List No.: 1 Sl No.: 9

Statutes considered

2 provisions across 1 enactments

AI extract

Code of Civil Procedure, 1908Section 100¶34 Section 100¶58

Procedural history

How this case reached the court

AI extract

Order under challenge
First-appellate judgments and decrees dated 27.10.2021 in RA.No.43/2017 (dismissing the appeal and modifying the trial decree) and in RA.NO.36/2017 (allowing the appeal and setting aside the trial decree), challenged in RSA Nos. 1051 and 1052 of 2021 respectively under Section 100 CPC.¶34
II Additional Senior Civil Judge and JMFC, Hassan · 27.10.2021
Prior proceeding
Trial suit OS No.791/2013 on the file of the III Additional Civil Judge and JMFC, Hassan; judgment and decree dated 02.02.2017 (subsequently modified in RA.No.43/2017 and set aside in RA.NO.36/2017).¶34
Prior proceeding
First appeal RA.No.43/2017 (underlying RSA No. 1051/2021): appeal dismissed and trial decree of 02.02.2017 modified.¶34
Prior proceeding
First appeal RA.NO.36/2017 (underlying RSA No. 1052/2021): appeal allowed and trial decree of 02.02.2017 set aside.¶58
Prior proceeding
Death of respondent No.1 in both appeals on 06.12.2024; no steps taken to bring his legal representatives on record.¶62

Parties & counsel

AI extract

appellant
Sri. Puttaraju S/o. Chennegowda¶9
Sri. Adinarayan
appellant
Sri. Marigowda S/o. Chennegowda¶10
Sri. Adinarayan
appellant
Sri. Shekara S/o. Siddegowda¶11
Sri. D.N. Nagaraj, Sri. Adinarayan
appellant
Sri. Kumar S/o. Siddegowda¶14
Sri. D.N. Nagaraj, Sri. Adinarayan
respondent
Sri. Ameer Jan S/o. Late. Mohammed Bhasheer Sab @ Sabulal Sab¶21
respondent
Sri. Sardar Ahamed S/o. Late Mohammed Bhasheer Sab @ Sabulal Sab¶22
Sri. George Joseph
respondent
Sri. Mukthar Ahamed S/o Late. Mohammed, Budan Sab @ Sabulal Sab (dead by LRS)¶24
respondent
Smt. Nafeeza W/o. Late. Mukthar Ahamed¶25
Sri. George Joseph
respondent
Sri. Ebrar Pasha S/o. Late. Mukthar Ahamed¶26
respondent
Sri. Sameer Sab S/o. Late. Mohammed Budan Sab¶28
Sri. George Joseph

Coram

AI extract

V SRISHANANDAauthor¶60

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 1 Jul 2026 · July
Registered: 15 Dec 2021
Case no.: RSA/1051/2021
CNR: KAHC010473102021
Bench: V Srishananda
Disposal: Dismissed for Non-Prosecution
Case type: Regular Second Appeal (DEC/INJ)

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Cite this judgement

Sri. Puttaraju v. Sri. Ameer Jan, RSA/1051/2021 (KA), decided on 1 July 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, 1908Section 100 · Section 100

View all statutes

Procedural history5

First-appellate judgments and decrees dated 27.10.2021 in RA.No.43/2017 (dismissing the appeal and modifying the trial decree) and in RA.NO.36/2017 (allowing the appeal and setting aside the trial decree), challenged in RSA Nos. 1051 and 1052 of 2021 respectively under Section 100 CPC.II Additional Senior Civil Judge and JMFC, Hassan · 27.10.2021
Trial suit OS No.791/2013 on the file of the III Additional Civil Judge and JMFC, Hassan; judgment and decree dated 02.02.2017 (subsequently modified in RA.No.43/2017 and set aside in RA.NO.36/2017).
First appeal RA.No.43/2017 (underlying RSA No. 1051/2021): appeal dismissed and trial decree of 02.02.2017 modified.

View full history

Bench / Coram

V SRISHANANDA

Parties & counsel