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Smt H P Himakanthi v. Smt N v Pushpa

Karnataka HC10 Jun 2026RSA/1124/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; RSA No. 1124 of 2025 (MON); decided 10 June 2026 by V Srishananda J.; Section 100 CPC; second appeal from RA No.108/2015 and OS No.541/2010 (Hassan courts); parties settled; appellant tendered written apology by affidavit; respondent filed memo accepting apology; Rs.25,000/- damages ordered by First Appellate Court set aside; modified decree directed; appeal disposed of, no merits adjudicated.

What did the court decide?

Appeal disposed of on amicable settlement: appellant's written apology (by affidavit) placed on record and accepted by respondent through a signed memo; damages of Rs.25,000/- ordered by the First Appellate Judge set aside; Office directed to pass a modified decree placing the written apology on record. ¶37

Smt H P Himakanthi Vs Smt N v Pushpa — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:28298 RSA No. 1124 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.1124 OF 2025 (MON)

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BETWEEN:

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SMT H P HIMAKANTHI W/O K H RAMESH KUMAR, AGED ABOUT 45 YEARS, R/A 10^TH CROSS, SAMRUDDHI NILAYA, SHANTHINAGAR, HASSAN -573 202.

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…APPELLANT

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(BY SRI GOPALA, ADVOCATE)

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AND:

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

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SMT N V PUSHPA W/O D M KENCHAPPA, AGED ABOUT 64 YEARS, ADVOCATE, R/A SALAGAME ROAD, O B P BUILDING HASSAN -573219.

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…RESPONDENT

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(BY SRI. OMKAR BASAVA PRABHU, ADVOCATE)

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THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 12.10.2022 PASSED IN RA NO.108/2015 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 9.10.2015 PASSED IN OS NO.541/2010 ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND JMFC, HASSAN.

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NC: 2026:KHC:28298 RSA No. 1124 of 2025

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HC-KAR

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THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL JUDGMENT

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Parties were directed to be present before the Court to

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find out the feasibility of amicable settlement.

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Parties are present before the Court today.

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An apology by way of written affidavit tendered by

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the appellant, copy of which is furnished to the respondent.

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Respondent is present before the Court who is the decree holder; by placing the apology on record, counsel for appellant would submit that the decree passed by the First Appellate Court directed the appellant to pay sum of Rs.25,000/- as damages may be set aside.

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