Dismissed¶¶36

Laxmana v. S. Hanumanthappa

Karnataka HC1 Jun 2026RSA/1473/2009

Case brief

AI extract

What is this about?

Karnataka High Court at Bengaluru; RSA No. 1473 of 2009 (DEC); H.P. Sandesh, J.; decision dated 01.06.2026; second appeal dismissed for non-prosecution; Section 100 CPC; court notice served on appellant's son on 21.01.2026; appellant's counsel deceased; below: O.S.No.129/2001, Civil Judge (Sr. Dn.), Holalkere (decree 01.06.2007), and R.A.No.31/2007, Addl. District and Sessions Judge, Chitradurga (dismissed 18.08.2009); parties: Laxmana (appellant) v. LRs of S. Hanumanthappa and Mallappanahalli Grama Panchayath; Sri H.N. Prakash for respondents 1(a) to 1(f).

What did the court decide?

Service of court notice on the appellant, effected on his son on 21.01.2026, is sufficient. ¶¶36

Laxmana Vs S. Hanumanthappa — Karnataka HC (2026) — LawSathi Research

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1 - NC: 2026:KHC:25446 RSA No. 1473 of 2009

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE H.P.SANDESH

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REGULAR SECOND APPEAL NO.1473 OF 2009 (DEC)

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BETWEEN:

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LAXMANA S/O LATE SHANKUNAPPA @ SAGUNAPPA AGED ABOUT 70 YEARS OCC: AGRICULTURE R/O BURUDEKATTE VILLAGE CHITRADURGA DISTRICT-577501.

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…APPELLANT

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(APPELLANT SERVED - ABSENT)

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AND:

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Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

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S. HANUMANTHAPPA S/O LATE SHAKUNAPPA @ SAGUNAPPA DEAD BY HIS LRS.

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1(a) PUTTAMMA W/O LATE HANUMANTHAPPA AGE: MAJOR

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1(b) HEMALATHA D/O LATE HANUMANTHAPPA

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AGE: MAJOR

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1(c) BHGYA D/O LATE HANUMANTHAPPA AGE: MAJOR

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2 - NC: 2026:KHC:25446 RSA No. 1473 of 2009

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HC-KAR

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1(d) VEDAVATHI D/O LATE HANUMANTHAPPA AGE: MAJOR

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1(e) B.H.RANGANATH S/O LATE HANUMANTHAPPA AGE: MAJOR

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1(f) B.H.BHASKAR S/O LATE HANUMANTHAPPA AGE: MAJOR, ADVOCATE

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RESPONDENTS 1(a) TO 1(e) ARE R/O. NO.148/1, 3^RD CROSS VIDYANAGAR BHADAVANE HOSADURGA TALUK CHITRADURGA DISTRICT.

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RESPONDENT NO.1(f) IS RESIDING E2, 1/163, 1^ST WARD PAPER TOWN (MPM) BHADRAVATHI (P) BHADRAVATHI TALUK SHIVAMOGGA DISTRICT.

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MALLAPPANAHALLI GRAMA PANCHAYATH BY ITS SECRETARY, MALLAPPANAHALLI HOSADURGA TALUK CHITRADURGA DISTRICT-577501.

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…RESPONDENTS

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(BY SRI. H.N.PRAKASH, ADVOCATE FOR R1(a to f); R2 - SERVED)

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THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 18.08.2009 PASSED IN R.A.NO.31/2007 ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 01.06.2007 PASSED IN O.S.NO.129/2001 ON THE FILE OF THE CIVIL JUDGE (SR. DN.) HOLALKERE.

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NC: 2026:KHC:25446 RSA No. 1473 of 2009

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HC-KAR

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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 H.P.SANDESH

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ORAL JUDGMENT

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This Court has issued the court notice to the appellant in view of the counsel who appears on behalf of the appellant is no more and court notice was also served on the appellant on 21.01.2026 on the son of the appellant, hence, the service of notice on the appellant is sufficient. This report was received by this court on 28.01.2026 from the Trial Court but till date, the appellant has not taken any steps to engage either any counsel or to appear before this court. Hence, it is clear that appellant is not pursuing the matter diligently and not interested in pursuing the matter inspite of service of notice issued through Court. Accordingly, this appeal is dismissed for nonprosecution.

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Sd/- (H.P.SANDESH) JUDGE

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Laxmana v. S. Hanumanthappa

Case brief

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Laxmana v. S. Hanumanthappa

Case brief

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