Dismissed¶41

Sri.a.K.Rangappa v. Mudalagiriyappa

Karnataka HC22 Jun 2026RSA/1679/2021

Case brief

AI extract

What is this about?

Abatement of appeal; death of sole respondent; legal representatives not brought on record; RSA under Section 100 CPC dismissed as abated by operation of law; Karnataka High Court, single judge (V Srishananda); underlying decrees in OS No.201/2009 and RA.No.156/2016 (Hosadurga courts) untouched on merits; useful only on procedure regarding abatement for want of substitution of LRs, not on any substantive property/injunction issue.

What did the court decide?

Placing on record counsel's submission that despite best efforts the appellants are not cooperating to bring the legal representatives of the deceased sole respondent on record, the appeal stands dismissed as abated by operation of law. ¶40-41

Sri.a.K.Rangappa Vs Mudalagiriyappa — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:30918 RSA No. 1679 of 2021

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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 22^ND DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1679 OF 2021 (INJ)

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BETWEEN:

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SRI.A.K.RANGAPPA S/O ERAPPA AGED ABOUT 67 YEARS AGRICULTURIST R/O BURUDEKATTE VILLAGE KASABA HOBLI HOSADURGA TALUK - 577 527 CHITRADURGA DISTRICT DEAD BY LRS.

1. RANGAPPA

S/O A K RANGAPPA

AGED ABOUT 45 YEARS

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

COOLIE

BURUDUKATTE VILLAGE

KASABA HOBLI

HOSADURGA TALUK - 577 527

2. KARIYAPPA

S/O A K RANGAPPA

AGED ABOUT 40 YEARS

COOLIE, BUTANAHALLI VILLAGE KASABA HOBLI HOSADURGA TALUK - 577 527

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…APPELLANTS

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(BY SRI. KALEEMULLAH SHARIFF, ADVOCATE)

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2 - NC: 2026:KHC:30918 RSA No. 1679 of 2021

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HC-KAR

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AND:

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MUDALAGIRIYAPPA S/O GOVINDAPPA AGED ABOUT 60 YEARS AGRICULTURIST R/O BURUDUKATTE VILLAGE KASABA HOBLI HOSADURGA TQ. - 577 527 CHITRADURGA DISTRICT

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…RESPONDENT

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THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 29.08.2019 PASSED IN RA.No.156/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOSADURGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 21.11.2013 PASSED IN OS No.201/2009 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HOSADURGA.

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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 V SRISHANANDA

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ORAL JUDGMENT

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Sri. Kaleemulla Shariff would submit that despite

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best efforts, appellants are not cooperating to bring the

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