Dismissed¶37

Sri H.M.Muniyappa v. Sri.H.S.Nanjundaiah

Karnataka HC15 Apr 2026RSA/1563/2016

Case brief

AI extract

What is this about?

Karnataka HC, RSA No. 1563 of 2016 (E.S. Indiresh, J., decided 15.04.2026) - DISMISSED FOR NON-PROSECUTION. Appellant H.M. Muniyappa absent on two calls (counsel Shivagondappa Subhashchandra recorded absent); respondents H.S. Nanjundaiah (Vijaya N Aradhya), LRs of deceased H.S. Narasimha Murthy (S. Lakshminarayana), and H.S. Nagaraja Rao (C.L.N. Murthy). Appeal challenged the RA No. 87/2012 decree dated 16.07.2016 (Senior Civil Judge and JMFC, Gowribidanur) which had reversed the OS No. 31/2005 decree dated 10.04.2012 (Prl. Civil Judge and JMFC, Gowribidanur). Filed under S.100 CPC. No issues framed, no precedents engaged, no quantum; not suitable for citation on merits.

What the court decided

Sri H.M.Muniyappa Vs Sri.H.S.Nanjundaiah — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:20429 RSA No. 1563 of 2016

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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 15^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH

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REGULAR SECOND APPEAL NO. 1563 OF 2016

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BETWEEN:

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SRI. H.M.MUNIYAPPA, S/O MUNISWAMY, AGED ABOUT 59 YEARS, R/AT HALEHALLI VILLAGE, MANCHENAHALLI HOBLI, GOURIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561 208.

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…APPELLANT

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(BY SRI. SHIVAGONDAPPA SUBHASHCHANDRA., ADVOCATE (ABSENT))

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AND:

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Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

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SRI.H.S.NANJUNDAIAH, S/O H.N.SUBBA RAO, AGED ABOUT 81 YEARS,

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H.S.NARASIMHA MURTHY, DEAD BY LRS

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A) SMT. VIJAYAMMA, W/O LATE H.S.NARASIMHA MURTHY, AGED ABOUT 77 YEARS,

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B) SRI. H.N.KIRAN KUMAR, S/O LATE H.S.NARASIMHA MURTHY,

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NC: 2026:KHC:20429 RSA No. 1563 of 2016

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HC-KAR

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AGED ABOUT 34 YEARS, THE APPELLANT NO.1 & 2(a) & (b) ARE R/AT HALEHALLI VILLAGE, MANCHENAHALLI HOBLI, GOURIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561 208.

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SRI. H.S.NAGARAJA RAO, S/O LATE H.N.SUBBA RAO, AGED ABOUT 64 YEARS, R/AT SAPTHAGIRI BADAVANE, SHETTYHALLI EXTENSION, 5^TH CROSS, TUMKUR CITY - 572 113.

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…RESPONDENTS

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(BY SRI.VIJAYA N ARADHYA, ADVOCATE FOR R1; SRI.S.LAKSHMINARAYANA, ADVOCATE FOR R2(a & b); SRI.C.L.N.MURTHY., ADVOCATE FOR R3)

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THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.7.2016 PASSED IN RA NO.87/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GOWRIBIDANUR ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 10.4.2012 PASSED IN OS NO.31/2005 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC., GOURIBIDANUR.

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

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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NC: 2026:KHC:20429 RSA No. 1563 of 2016

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HC-KAR

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ORAL JUDGMENT

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