Dismissed¶¶45

Sri Janardhana Prabhu v. Krishna Prabhu

Karnataka HC16 Jul 2026RSA/1196/2023

Case brief

AI extract

What is this about?

Karnataka High Court, RSA No. 1196 of 2023 (DEC/PAR), decided 16-07-2026 by V. Srishananda J. — Regular Second Appeal under Section 100 CPC against R.A. No.19/2017 (II Addl. District & Sessions Judge, Udupi) which had set aside the 18.02.2017 decree in O.S. No.11/2014 (Senior Civil Judge & ACJM, Karkala); condonation of 247 days' delay refused, I.A.No.1/2024 dismissed; appeal dismissed consequentially; final decree proceedings closed; liberty to challenge final decree proceedings; advocates: Jayakara Shetty H (appellant), Prasanna V.R (respondents 2-4), R1 served unrepresented.

What did the court decide?

Liberty reserved to the appellant to challenge the Final Decree Proceedings in accordance with law. ¶¶45

Sri Janardhana Prabhu Vs Krishna Prabhu — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:37037 RSA No. 1196 of 2023

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HC-KAR

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CNR: KAHC010339712023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1196 OF 2023 (DEC/PAR)

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BETWEEN:

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SRI. JANARDHANA PRABHU S/O LATE DEVANNA PRABHU AGE ABOUT 51 YEARS, DRIVER, K.M.C HOSPITAL MANIPAL, UDUPI TALUK UDUPI DISTRICT - 576 101.

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…APPELLANT

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(BY SRI. JAYAKARA SHETTY H, ADVOCATE)

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AND:

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KRISHNA PRABHU,

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

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S/O LATE DEVANNA PRABHU AGED ABOUT 67 YEARS VEGETABLE MERCHANT R/AT KODIKAL URVA STORE MANGALORE, D.K. DISTRICT - 575 001.

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BHARATHI @ SHAILA D/O LATE DEVANNA PRABHU AGED ABOUT 62 YEARS R/AT ARASABILU THOTADAMANE SHIRLAL VILLAGE, KARKALA TALUK UDUPI DISTRICT - 574 104.

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HC-KAR

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NC: 2026:KHC:37037 RSA No. 1196 of 2023

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CNR: KAHC010339712023

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PUSHPA @LATHA D/O LATE DEVANNA PRABHU AGED ABOUT 54 YEARS R/AT ARASABILU THOTADAMANE SHIRLAL VILLAGE, KARKALA TALUK UDUPI DISTRICT - 574 104.

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PANDURANGA PRABHU D/O LATE DEVANNA PRABHU AGED ABOUT 61 YEARS R/AT ARASABILU THOTADAMANE SHIRLAL VILLAGE, KARKALA TALUK UDUPI DISTRICT - 574 104.

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…RESPONDENTS

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(BY SRI. PRASANNA V.R, ADVOCATE FOR R2 TO R4; R1 - SERVED)

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THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST

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THE JUDGEMENT AND DECREE DATED 11.07.2022 PASSED IN RA NO.19/2017 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI (ITINERARY SITING AT KARKALA) ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 18.02.2017 PASSED IN OS NO.11/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM KARKALA.

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THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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HC-KAR

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NC: 2026:KHC:37037 RSA No. 1196 of 2023

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CNR: KAHC010339712023

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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Heard I.A.No.1/2024.

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Same is filed to condone the delay of 247 days in filing the appeal. Application is supported by the affidavit.

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Reasons assigned by the appellant for not approaching the Court is that there were talks of settlement among the parties. Same is denied by the other side.

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Sri.Prasanna V. R., learned counsel would further contend that after filing of the appeal, Final Decree Proceedings were initiated and appellant herein has contested the Final Decree Proceedings and after contest, Final Decree Proceedings came to be closed. Accordingly, nothing would survive in the present appeal to be decided on merits as the appeal is only with regard to allotment of shares.

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