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Sri D Mahadevu Vs Sri Ponnaiah — Karnataka HC (2026) — LawSathi Research

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Karnataka HC
2026
Sri D Mahadevu Vs Sri PonnaiahSri D Mahadevu v. Sri Ponnaiah

Dismissed¶50

Sri D Mahadevu v. Sri Ponnaiah

Karnataka HC2 Jul 2026RSA/1068/2017

Case brief

AI extract

What is this about?

Summary dismissal of a regular second appeal for non-prosecution. Court: High Court of Karnataka, Bengaluru (NC: 2026:KHC:33049). Case: RSA No. 1068 of 2017 (DEC/INJ), filed under Sec.100 of CPC against the judgment and decree dated 27.2.2017 in RA No.31/2016 (Senior Civil Judge and JMFC, Nanjangud), which had allowed the appeal and set aside the judgment and decree dated 5.2.2016 in OS No.149/2009. Grounds: process fee found defective — notice not issued to respondent Nos.1(a) to (d) and process fee rejected; paper books not filed. Parties: legal representatives of deceased Sri D Mahadevu (appellants; Smt. K. Tejaswini for Sri. Siddappa B.M) versus legal representatives of deceased Sri. Ponnaiah and Sri. Varadaraju and Sri. Daitharaju (respondents; Sri. P. Nataraju for R2 and R3, who were treated as LRs of deceased R1 by order dated 10.01.2020). Judge: Hon'ble Mr. Justice V Srishananda. Date of order: 02-07-2026. Relevant to: consequences of defective process fee and non-filing of paper books in second appeals.

What did the court decide?

Process fee is defective; consequently the office has not issued notice to respondent Nos.1(a) to (d), and the process fee is rejected. ¶48

What the court decided

AI extract

Outcome

Dismissed

Ratio / Principle

Process fee is defective; consequently the office has not issued notice to respondent Nos.1(a) to (d), and the process fee is rejected.

Key takeaways

Paper books are not filed.ratio¶49
The appeal stands dismissed for non-prosecution.ratio¶50

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru — Regular Second Appeal No. 1068 of 2017 (DEC/INJ) under Sec.100 of CPC, directed against the judgment and decree dated 27.2.2017 in RA No.31/2016 passed by the Senior Civil Judge and JMFC, Nanjangud, allowing the first appeal and setting aside the judgment and decree dated 5.2.2016 in OS No.149/2009. The Court found the process fee defective, declined to issue notice to respondent Nos.1(a) to (d) and rejected the process fee; paper books having not been filed, the appeal was dismissed for non-prosecution. Coram: V. Srishananda, J. Decided 2 July 2026.

A

1 -

NC: 2026:KHC:33049 RSA No. 1068 of 2017

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1068 OF 2017 (DEC/INJ)

BETWEEN:

SRI D MAHADEVU S/O LATE DAITHAIAH DEAD

1(A). SMT. MAHADEVAMMA S/O LATE MAHADEVU AGED ABOUT 50 YEARS

1(B). SMT. M. LOKAMANI D/O LATE MAHADEVU AGED ABOUT 30 YEARS

Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

1(C). SRI. M. LOKESH S/O LATE MAHADEVU AGED ABOUT 28 YEARS

1(D). SMT. POORNIMA D/O LATE MAHADEVU AGED ABOUT 25 YEARS

1(E). M. ASHWINI D/O LATE MAHADEVU AGED ABOUT 24 YEARS

1(F). N.M. MAJOD S/O LATE MAHADEVU

2 -

NC: 2026:KHC:33049 RSA No. 1068 of 2017

HC-KAR

AGED ABOUT 50 YEARS

1(G). M. LAVANYA D/O LATE MAHADEVU W/O MAHADEVASWAMY AGED ABOUT 20 YEARS

ALL ARE RESIDING AT 2^ND MAIN, 4^TH CROSS SRIRAMAPURA, NANJANGUD, MYSORE - 571 301.

…APPELLANTS

(BY SMT. K. TEJASWINI, ADVOCATE FOR SRI. SIDDAPPA B.M, ADVOCATE)

AND:

SRI. PONNAIAH S/O LATE MOOGAIAH (DEAD)

1(A). SMT. SAVITHRAMMA W/O LATE PONNAIAH AGED ABOUT 65 YEARS

1(B). REKHA

D/O LATE PONNAIAH AGED ABOUT 36 YEARS

1(C). YAMINI

D/O LATE PONNAIAH AGED ABOUT 34 YEARS

1(D). ROJA D/O LATE PONNAIAH

3 - NC: 2026:KHC:33049 RSA No. 1068 of 2017

HC-KAR

AGED ABOUT 32 YEARS

ALL ARE RESIDING AT 2^ND MAIN, 4^TH CROSS, SRIRAMAPURA, NANJANGUD MYSURU DIST - 571 301.

SRI. VARADARAJU S/O PONNAIAH AGED ABOUT 39 YEARS, R/AT 2ND MAIN, 2ND CROSS, SRIRAMPURA, NANAJANGUD, MYSORE DISTRICT - 571 301.

SRI. DAITHARAJU AGED ABOUT 36 YEARS, R/AT 2ND MAIN, 2ND CROSS, SRIRAMPURA NANAJANGUD, MYSORE DISTRICT - 571 301.

…RESPONDENTS

(BY SRI. P. NATARAJU, ADVOCATE FOR R2 & R3; VIDE ORDER DATED 10.01.2020, R2 AND R3 ARE TREATED AS LRS OF DECEASED FOR R1)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.2.2017 PASSED IN RA NO.31/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, AT NANJANGUD ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 5.2.2016 PASSED IN OS NO.149/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT NANJANGUD.

4 - NC: 2026:KHC:33049 RSA No. 1068 of 2017

HC-KAR

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Process fee is defective. As such, the office has not issued notice to respondent Nos.1(a) to (d). Accordingly, process fee is rejected.

Paper books are not filed.

Hence, appeal stands dismissed for non prosecution.

Sd/(V SRISHANANDA)

JUDGE

KAV List No.: 1 Sl No.: 7

Statutes considered

1 provisions across 1 enactments

AI extract

CPC100¶41

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 27.2.2017 in RA No.31/2016 allowing the first appeal and setting aside the judgment and decree dated 5.2.2016 in OS No.149/2009¶41
Senior Civil Judge and JMFC, Nanjangud · 2017-02-27
Prior proceeding
Trial court judgment and decree dated 5.2.2016 in OS No.149/2009 (Senior Civil Judge and JMFC, Nanjangud), subsequently set aside by the first appellate court¶41
Prior proceeding
Order dated 10.01.2020: respondent Nos.2 and 3 treated as legal representatives of deceased respondent No.1¶40

Parties & counsel

AI extract

appellant
SRI D MAHADEVU S/O LATE DAITHAIAH (DEAD) THROUGH LRS 1(A) TO 1(G): SMT. MAHADEVAMMA, SMT. M. LOKAMANI, SRI. M. LOKESH, SMT. POORNIMA, M. ASHWINI, N.M. MAJOD, M. LAVANYA¶9
SMT. K. TEJASWINI, SRI. SIDDAPPA B.M
respondent
SRI. PONNAIAH S/O LATE MOOGAIAH (DEAD) THROUGH LRS 1(A) TO 1(D): SMT. SAVITHRAMMA, REKHA, YAMINI, ROJA¶26
respondent
SRI. VARADARAJU S/O PONNAIAH¶37
SRI. P. NATARAJU
respondent
SRI. DAITHARAJU¶38
SRI. P. NATARAJU

Coram

AI extract

V SRISHANANDAauthor¶46

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 2 Jul 2026 · July
Registered: 29 May 2017
Case no.: RSA/1068/2017
CNR: KAHC010545592017
Bench: V Srishananda
Disposal: Dismissed for Non-Prosecution
Case type: Regular Second Appeal (DEC/INJ)

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Cite this judgement

Sri D Mahadevu v. Sri Ponnaiah, RSA/1068/2017 (KA), decided on 2 July 2026.

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

Statutes1

CPC100

View all statutes

Procedural history3

Judgment and decree dated 27.2.2017 in RA No.31/2016 allowing the first appeal and setting aside the judgment and decree dated 5.2.2016 in OS No.149/2009Senior Civil Judge and JMFC, Nanjangud · 2017-02-27
Trial court judgment and decree dated 5.2.2016 in OS No.149/2009 (Senior Civil Judge and JMFC, Nanjangud), subsequently set aside by the first appellate court
Order dated 10.01.2020: respondent Nos.2 and 3 treated as legal representatives of deceased respondent No.1

View full history

Bench / Coram

V SRISHANANDA

Parties & counsel