Disposed¶54

H Shivalinga Murthy v. Smt Gowramma

Karnataka HC13 Jul 2026RSA/18/2019

Case brief

AI extract

What is this about?

Keywords: Karnataka HC RSA (PAR) No. 18/2019; Sec.100 CPC regular second appeal; partition-related suit OS.No.69/2006 Shivamogga; first appeal RA.No.56/2016/2013 dismissed 20.10.2018; impleadment/legal representative application (I.A.No.1/2025) of LR of non-party Lakshmana rejected as impermissible in second appeal; court-mediated amicable family settlement (parties descendants of Late Annenahalli Hanumanthaiah); appeal disposed off per settlement report; modified decree ordered; single-judge bench V Srishananda; decision 13-07-2026.

What did the court decide?

Second appeal disposed off in terms of the settlement report filed after amicable settlement at the Mediation Centre; office directed to pass a modified decree appending the settlement report; I.A.No.1/2025 dismissed. ¶54

H Shivalinga Murthy Vs Smt Gowramma — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether an application (I.A.No.1/2025) to bring on record the applicant as legal representative of Mr. Lakshmana, who was not a party to the suit, is permissible in this second appeal. +1 more

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Court's answer

An application to bring on record, in a second appeal, the legal representative of a person who was not a party to the suit is impermissible; I.A.No.1/2025 is accordingly dismissed.

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Ratio / Principle

Placing the settlement report on record, the appeal stands disposed off in terms of the settlement report.

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Key takeaways

If the impleading applicants have any independent rights, they may seek regressal of those rights before the appropriate forum in accordance with law.obiter¶50
Office is directed to pass a modified decree in terms of the settlement report, appending the copy of the settlement report as part of the decree.ratio¶58

Detailed headnote1 paragraphs

Regular Second Appeal (PAR) No. 18 of 2019 under SEC.100 OF CPC, before Hon'ble Mr. Justice V Srishananda, High Court of Karnataka, dated 13 July 2026. Filed by H Shivalinga Murthy against the judgment and decree dated 20.10.2018 in RA.No.56/2013 (III Addl. District Judge, Shivamogga), which dismissed the first appeal and confirmed the judgment and decree dated 23.11.2012 in OS.No.69/2006 (II Addl. Senior Civil Judge, Shimogga). In an oral judgment: (i) I.A.No.1/2025, seeking to bring on record the applicant as legal representative of Mr. Lakshmana — not a party to the suit — was dismissed as impermissible in a second appeal, such persons being told to pursue any independent rights before an appropriate forum; (ii) the matter, earlier referred to mediation, having been settled amicably with a settlement report filed, the appeal stood disposed off in terms of that settlement report; and (iii) office was directed to pass a modified decree in terms of the settlement report, appending its copy as part of the decree. No monetary quantum stated.

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NC: 2026:KHC:35789 RSA No. 18 of 2019

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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 13^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. 18 OF 2019 (PAR)

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BETWEEN:

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H SHIVALINGA MURTHY S/O LATE ANNENAHALLI HANUMANTHAIAH AGED ABOUT 67 YEARS, R/O 2^ND CROSS, HOSAMANE EXTENSION OPPOSITE: KHB HOUSE NO.7 SHIVAMOGGA CITY - 577 201.

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…APPELLANT

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(BY SRI. R GOPAL, ADVOCATE)

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AND:

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SMT GOWRAMMA

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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W/O LAKSHMAIAH D/O LATE ANNENAHALLI HANUMANATHAIAH AGED ABOUT 68 YEARS, R/O 2^ND CROSS, HOSAMANE EXTENSION OPPOSITE:KHB HOUSE NO.7 SHIVAMOGGA CITY PIN CODE: 577 201

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2. SMT SHIVAMMA

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W/O LATE ATTI NARASAIAH D/O LATE ANNENAHALLI HANUMANTHAIAH AGED ABOUT 64 YEARS, R/O 6^TH CROSS, TANK MOHALLA SHIVAMOGGA CITY PIN CODE: - 577 201.

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2 - NC: 2026:KHC:35789 RSA No. 18 of 2019

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HC-KAR

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SMT CHIKKAMMA

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W/O. R. PANDURANGA AGED ABOUT 56 YEARS, R/O 2^ND CROSS, HOSAMANE EXTENSION OPPOSITE:KHB HOUSE NO.7 SHIVAMOGGA CITY PIN CODE - 577 201

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ANJANAPPA S/O BYLAPPA AGED ABOUT 51 YEARS R/O SHIVANNA NILAYA 4^TH CROSS, HOSAMANE EXTENSION SHIVAMOGGA CITY PIN CODE - 577 201

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SHIVANANDA S/O BYLAPPA DEAD BY LRS

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5A. SMT SUMA W/O LATE D SHVIANANDA AGED ABOUT 33 YEARS, D GROUP EMPLOYEE KPC KARGAL, R/O C-TYPE, 28-1 KPC COLONY, KARGAL SAGAR TALUK SHIMOGA DISTRICT PIN CODE - 577 201.

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PRAJWAL

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S/O LATE D SHIVANANDA MINOR, REPRESENTED BY HIS N/F NATURAL GUARDIAN-MOTHER SMT SUMA W/O LATE D SHIVANANDA

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3 - NC: 2026:KHC:35789 RSA No. 18 of 2019

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HC-KAR

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AGED ABOUT 33 YEARS D GROUP EMPLOYEE KPC KARGAL, R/O C-TYPE, 28-1 KPC COLONY, KARGAL SAGAR TALUK SHIMOGA DISTRICT PIN CODE - 577 201

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BINDUSRI D/O LATE D SHIVANANDA AGED ABOUT 12 YEARS MINOR, REPRESENTED BY HIS N.F/ NATURAL GUARDIAN-MOTHER SMT SUMA W/O LATE D SHIVANANDA AGED ABOUT 33 YEARS D GROUP EMPLOYEE KPC KARGAL, R/O C-TYPE, 28-1 KPC COLONY, KARGAL SAGAR TALUK SHIMOGA DISTRICT PIN CODE - 577 201

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UJWAL S/O LATE D SHIVANANDA AGED ABOUT 11 YEARS MINOR, REPRESENTED BY HIS N.F/ NATURAL GUARDIAN-MOTHER SMT SUMA W/O LATE D SHIVANANDA AGED ABOUT 33 YEARS D GROUP EMPLOYEE KPC KARGAL R/O C-TYPE, 28-1 KPC COLONY, KARGAL SAGAR TALUK,

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NC: 2026:KHC:35789 RSA No. 18 of 2019

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HC-KAR

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SHIMOGA DISTRICT PIN CODE - 577 201

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GURUPRASAD

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AGED ABOUT 30 YEARS S/O BYLAPPA R/O SHIVANANDA NILAYA 4^TH CROSS, HOSAMANE EXTENSION SHIVAMOGGA CITY - 577 201

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…RESPONDENTS

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(BY SRI. VARADARAJ R. HAVALDAR, ADVOCATE FOR R1 TO R3 R5(B-D) ARE MINORS REPRESENTED BY R5(A) R4, R5(A), R6 - SERVED)

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THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DTD 20.10.2018 PASSED IN RA.NO.56/2013, ON THE FILE OF THE III ADDL.DISTRICT JUDGE, SHIVAMOGGA DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 23.11.2012 PASSED IN OS.NO.69/2006 ON THE FILE OF THE II ADDL.SENIOR CIVIL JUDGE, SHIMOGGA.

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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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5 - NC: 2026:KHC:35789 RSA No. 18 of 2019

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HC-KAR

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ORAL JUDGMENT

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Heard on I.A.No.1/2025.

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Applicant wants to come on record being the

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legal representative of Mr. Lakshmana, who is not a party to the suit. Such an application in the second appeal is impermissible. Accordingly application is dismissed.

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