Pradeep v. Shankarappa

Karnataka HC22 Jun 2026RSA/1823/2017

Case brief

AI extract

What is this about?

Use for: procedural disposal of connected second appeals by withdrawal on memo; grant of liberty to institute fresh suits and approach the Deputy Commissioner, Tumakuru; joinder of legal heirs/legal representatives on the appellant's death during pendency (Smt. Lakshmamma, died 23.01.2024; son Shivanna predeceased 10.10.1993). Key terms: RSA Nos. 1821, 1822, 1823 of 2017; Section 100 CPC; R.A.No.14/2013; R.A.No.44/2010; RA No.38/2010; O.S.Nos. 176/2008, 174/2008, 175/2008; Senior Civil Judge and JMFC, Tiptur; Tumakuru; dismissed as withdrawn; V Srishananda J; NC: 2026:KHC:30831. Contains no ruling on merits and no precedent treatment.

What did the court decide?

All three appeals dismissed as withdrawn with liberty as prayed for in the memos — liberty to institute fresh suits and to pursue proceedings before the Deputy Commissioner, Tumakuru.

Pradeep Vs Shankarappa — Karnataka HC (2026) — LawSathi Research

¶1

NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017

¶2

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JUNE, 2026

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE V SRISHANANDA

¶7

REGULAR SECOND APPEAL NO. 1821 OF 2017 (DEC/INJ-) C/W REGULAR SECOND APPEAL NO. 1822 OF 2017 REGULAR SECOND APPEAL NO. 1823 OF 2017

¶8

IN RSA No. 1821/2017

BETWEEN:

RAJASHEKARAIAH

S/O LATE RANGAPPA

AGED ABOUT 68 YEARS

AGRICULTURIST

R/O MAKAVALLYPALYA RANGAPURA POST, KASABA HOBLI, TIPTUR TALUK – 572 201

¶15

TUMAKURU DISTRICT

¶16

…APPELLANT

¶17

(BY SRI UMESH MOOLIMANI AND

¶18

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

¶19

SRI. S V PRAKASH, ADVOCATES)

¶20

AND:

¶21

SHANKARAPPA

¶22

S/O THAMMAIAH AGED ABOUT 47 YEARS R/O CHIKKAKOTTIGENAHALLY RANGAPURA POST, KASABA HOBLI, TIPTURU TALUK - 572201 TUMAKURU DISTRICT

¶23

MURTHAPPA S/O HANUMAIAH

¶24

¶25

NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017

¶26

HC-KAR

¶27

AGED ABOUT 50 YEARS R/O CHIKKAKOTTIGENAHALLY RANGAPURA POST, KASABA HOBLI, TIPTUR TALUK -572 201 TUMAKURU DSITRICT

¶28

3. MALLAIAH

¶29

S/O HANUMAIAH, AGED ABOUT 49 YEARS R/O CHIKKAKOTTIGENAHALLY, RANGAPURA POST, KASABA HOBLI, TIPTUR TALUK - 572201 TUMAKURU DISTRICT

¶30

LINGARAJU S/O THAMMAIAH, AGED ABOUT 41 YEARS R/O MADENURU, KASABA HOBLI, TIPTUR TALUK 572201 TUMAKURU DISTRICT

¶31

CHITTAIAH S/O ALLAJJA, R/O MADENURU GOLLARAHATTI, KASABA HOBLI, TIPTURU TALUK, TUMAKURU DISTRICT - 572201

¶32

MAHALINGAIAH S/O BUDDAGIRIYAPPA AGED ABOUT 49 YEARS R/O MADENURU GOLLARAHATTI, KASABA HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT – 572 201

¶33

…RESPONDENTS

¶34

3 - NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017

¶35

HC-KAR

¶36

(BY SRI. SRINIVAS V, ADVOCATE FOR R1;

¶37

VIDE ORDER DATED 01.03.2023, NOTICE TO R2 AND R3 HELD SUFFICIENT;

¶38

SRI D.L.JAGADEESH, SR. ADVOCATE FOR SMT.RAKSHITHA.D.J A/W ANJANA A.V, ADVOCATES FOR R4;

¶39

VIDE ORDER DATED 01.06.2026 NOTICE TO R3, R5 AND R6 DISPENSED WITH)

¶40

THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 22.04.2017 PASSED IN R.A.NO.14/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TIPTUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 07.11.2013 PASSED IN O.S.NO.176/2008 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC., TIPTUR AND C/C OF ADDITIONAL CIVIL JUDGE AND JMFC., TIPTUR.

¶41

IN RSA NO. 1822/2017

¶42

BETWEEN:

¶43

SMT. LAKSHMAMMA W/O LATE RANGAPPA, AGE : 79 YEARS OCC:AGRICULTURE R/O MAKAVALLY PALYA, SHETTIKERE HOBLI, CHIKKANAYAKANAHALLY TALUK-577 101 TUMKUR DISTRICT

¶44

...APPELLANT

¶45

(BY SRI UMESH MOOLIMANI AND

¶46

SRI. S V PRAKASH, ADVOCATES)

¶47

AND:

¶48

SHANKARAPPA S/O THAMMAIAH AGED ABOUT 47 YEARS R/O CHIKKAKOTTIGENAHALLY RANGAPURA POST, KASABA HOBLI,

¶49

¶50

NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017

¶51

HC-KAR

¶52

TIPTURU TALUK - 572201 TUMAKURU DISTRICT

¶53

MURTHAPPA S/O HANUMAIAH AGED ABOUT 50 YEARS R/O CHIKKAKOTTIGENAHALLY RANGAPURA POST, KASABA HOBLI, TIPTUR TALUK -572 201 TUMAKURU DSITRICT

¶54

LINGARAJU S/O THAMMAIAH, AGED ABOUT 41 YEARS GOLLARAHATTI R/O MADENURU, KASABA HOBLI, TIPTUR TALUK -572201 TUMAKURU DISTRICT

¶55

MALLAIAH S/O HANUMAIAH, AGED ABOUT 49 YEARS R/O CHIKKAKOTTIGENAHALLY, RANGAPURA POST, KASABA HOBLI, TIPTUR TALUK - 572201 TUMAKURU DISTRICT

¶56

CHITTAIAH S/O ALLAJJA, AGED ABOUT 39 YEARS R/O MADENURU GOLLARAHATTI, KASABA HOBLI, TIPTURU TALUK, TUMAKURU DISTRICT - 572201

¶57

MAHALINGAIAH S/O BUDDAGIRIYAPPA AGED ABOUT 49 YEARS R/O MADENURU GOLLARAHATTI,

¶58

¶59

NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017

¶60

HC-KAR

¶61

KASABA HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT – 572 201

¶62

…RESPONDENTS

¶63

(BY SRI. SRINIVAS V, ADVOCATE FOR R1; SRI D.L.JAGADEESH, SR. ADVOCATE A/W SMT.ANJANA.A.V, ADVOCATE R3)

¶64

THIS RSA IS FILED UNDER SECTION 100 OF CODE CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 22.04.2017 PASSED IN R.A.NO.44/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TIPTUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 08.07.2010 PASSED IN O.S.NO.174/2008 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC, TIPTUR.

¶65

IN RSA NO. 1823/2017

¶66

BETWEEN:

¶67

PRADEEP AGED ABOUT 36 YEARS S/O LATE. SHIVANNA, R/AT MAKUVALLIPALYA, SETTIKERE HOBLI CHIKKANAYAKANAHALLI TALUK TUMAKURU DISTRICT- 572 226

¶68

NAVEEN AGED ABOUT 34 YEARS S/O LATE SHIVANNA, R/AT MAKUVALLYAPALYA, RANGAPURA POST, KASABA HOBLI, TIPTURU TALUK -572201 TUMAKURU DISTRICT

¶69

...APPELLANTS

¶70

(BY SRI UMESH MOOLIMANI FOR SRI S V PRAKASH, ADVOCATES)

¶71

¶72

NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017

¶73

HC-KAR

¶74

AND:

¶75

SHANKARAPPA S/O THAMMAIAH, AGED ABOUT 47 YEARS R/AT CHIKKAKOTTIGENAHALLY, RANGAPURA POST, KASABA HOBLI, TIPTURU TALUK -572201 TUMAKURU DISTRICT

¶76

MURTHAPPA S/O. HANUMAIAH, AGED ABOUT 50 YEARS R/O CHIKKAKOTTIGENAHALLY RANGAPURA POST, KASABA HOBLI TIPTURU TALUK – 572 201 TUMAKURU DISTRICT

¶77

MALLAIAH

¶78

S/O. HANUMAIAH, AGED ABOUT 49 YEARS R/AT CHIKKAKOTTIGENAHALLY, RANGAPURA POST, KASABA HOBLI, TIPTURU TALUK - 572201 TUMAKURU DISTRICT

¶79

LINGARAJU S/O. THAMMAIAH, AGED ABOUT 41 YEARS R/O. MADENURU, KASABA HOBLI, TIPTURU TALUK - 572201. TUMAKURU DISTRICT

¶80

CHITTAIAH S/O. ALLAJJA, AGED ABOUT 39 YEARS

¶81

¶82

NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017

¶83

HC-KAR

¶84

R/O MADENURU GOLLARAHATTI, KASABA HOBLI, TIPTURU TALUK – 572201 TUMAKURU DISTRICT.

¶85

MAHALINGAIAH S/O. BUDDAGIRIYAPPA, AGED ABOUT 49 YEARS R/O. MADENURU GOLLARAHATTI, KASABA HOBLI, TIPTURU TALUK -572201. TUMAKURU DISTRICT

¶86

...RESPONDENTS

¶87

(BY SRI D.L.JAGADEESH, SR. ADVOCATE FOR SMT.RAKSHITA.D.J A/W SMT.ANJANA.A.V, ADVOCATES FOR R4)

¶88

THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 22.04.2017 PASSED IN RA NO.38/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., TIPTUR DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 03.07.2010 PASSED IN O.S.NO.175/2008 ON THE FILE OF THE PRL.CIVIL JUDGE, TIPTUR.

¶89

THESE APPEALS, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶90

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

¶91

8 - NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017

¶92

HC-KAR

¶93

ORAL JUDGMENT

¶94

Sri Umesh Moolimani, learned counsel for the appellant in RSA No.1821/2017 files memo signed by counsel for appellant and appellant as well.

¶95

Sri D.L. Jagadeesh, learned Senior counsel

¶96

appearing on behalf of Smt. Rakshitha D.J., counsel for the respondent No.4 RSA No.1821/2017 is present.

¶97

Memo in RSA No.1821/2017 reads as under:

¶98

“The above captioned regular second appeal arises out of and is Directed against the judgment and decree dated 22.04.2017 passed by the court of Senior Civil Judge and JMFC, Tiptur in R.A.No.14/2023 dismissing the suit filed by the appellant in reversal of the judgment and decree dated 07.11.2013 passed by the court of Additional Civil Judge, Tiptur in O.S.No.176/2008. The appellant now seeks leave of this Hon'ble Court to withdraw the present appeal with liberty to institute a fresh suit and to pursue the proceedings before the Deputy Commissioner, Tumakuru. In the aforesaid circumstances, it is respectfully prayed that this Hon'ble Court may be pleased to dismiss the appeal as withdrawn, reserving liberty to the appellant to avail such remedies as may be available under law, in the interest of justice.”

¶99

¶100

NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017

¶101

HC-KAR

¶102

Sri Umesh Moolimani, learned counsel for the appellant in RSA No.1822/2017 files memo signed by counsel for appellant, daughter of appellant namely, Gangamma and grand children of appellant namely, Pradeep S., and Naveen M.S.

¶103

Sri D.L. Jagadeesh, learned Senior counsel

¶104

appearing on behalf of Smt. Rakshitha D.J., counsel for the respondent No.3 in RSA No.1822/2017 is present.

¶105

6. Memo in RSA No.1822/2017 reads as under:

¶106

“The above captioned regular second appeal arises out of and is directed against the judgment and decree dated 22.04.2017 passed by the court of Senior Civil Judge and JMFC, Tipturr in R.A.No.38/2010 dismissing the suit filed by the appellant in reversal of the judgment and decree dated 03.07.2010 passed by the court of Additional Civil Judge, Tiptur in O.S.No.175/2008. During pendency of the above appeal the sole appellant breathed her last on 23.01.2024, leaving behind her legal heirs, namely her daughter Smt. Gangamma and her son Basavarajappa. It is further submitted that another son of the deceased appellant, namely Shivanna, had predeceased her on 10.10.1993, leaving behind his legal representatives, by

¶107

NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017

¶108

10 -

¶109

HC-KAR

¶110

name Pradeep M.S and Naveen M.S., who are entitled to represent his estate. The legal representative of the appellant now seeks leave of this Hon'ble Court to withdraw the present appeal with liberty to institute a fresh suit and to pursue the proceedings before the Deputy Commissioner, Tumakuru in the aforesaid circumstances, it is respectfully prayed that this Hon'ble Court may be pleased to dismiss the appeal as withdrawn, reserving liberty to the appellant to avail such remedies as may be available under law, in the interest of justice.”

¶111

Sri Umesh Moolimani, learned counsel for the appellants in RSA No.1823/2017 files memo signed by counsel for appellant and appellant Nos.1 and 2 as well.

¶112

Sri D.L. Jagadeesh, learned Senior counsel appearing on behalf of Smt. Rakshitha D.J., counsel for the respondent No.4 in RSA No.1823/2017 is present.

¶113

Memo in RSA No.1823/2017 reads as under:

¶114

¶115

11 -

¶116

NC: 2026:KHC:30831 RSA No. 1821 of 2017 C/W RSA No. 1822 of 2017 RSA No. 1823 of 2017

¶117

HC-KAR

¶118

Tiptur in O.S.No.175/2008. The appellants now seeks leave of this Hon'ble Court to withdraw the present appeal with liberty to institute a fresh suit and to pursue the proceedings before the Deputy Commissioner, Tumakuru In the aforesaid circumstances, it is respectfully prayed that this Hon'ble Court may be pleased to dismiss the appeal as withdrawn, reserving liberty to the appellant to avail such remedies as may be available under law, in the interest of justice.”

¶119

Placing the memos on record, RSA No.1821/2017, RSA No.1822/2017 and RSA No.1823/2017 stand dismissed

¶120

as withdrawn with liberty as prayed for.

¶121

Sd/(V SRISHANANDA) JUDGE

¶122

MR List No.: 1 Sl No.: 79

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 22.04.2017 in R.A.No.14/2013 passed by the Senior Civil Judge and JMFC, Tiptur, allowing the appeal and setting aside the judgment and decree dated 07.11.2013 in O.S.No.176/2008 — the decision impugned in the lead matter RSA No. 1821/2017 under Section 100 CPC; the parallel impugned first-appellate decrees in RSA Nos. 1822/2017 and 1823/2017 are recorded under prior_proceedings.¶¶40
Senior Civil Judge and JMFC, Tiptur · 22.04.2017
Prior proceeding
Trial court judgment and decree dated 07.11.2013 in O.S.No.176/2008 on the file of the Principal Civil Judge and JMFC, Tiptur and c/c Additional Civil Judge and JMFC, Tiptur, set aside by the first appellate court in R.A.No.14/2013.¶¶40
Prior proceeding
Impugned in RSA No. 1822/2017: judgment and decree dated 22.04.2017 in R.A.No.44/2010 (Senior Civil Judge and JMFC, Tiptur) allowing the appeal and setting aside the judgment and decree dated 08.07.2010 in O.S.No.174/2008.¶¶64
Prior proceeding
Trial court judgment and decree dated 08.07.2010 in O.S.No.174/2008 on the file of the Additional Civil Judge (Jr.Dn) and JMFC, Tiptur, set aside in R.A.No.44/2010.¶¶64
Prior proceeding
Impugned in RSA No. 1823/2017: judgment and decree dated 22.04.2017 in RA No.38/2010 (Senior Civil Judge and JMFC, Tiptur) dismissing the appeal and confirming the judgment and decree dated 03.07.2010 in O.S.No.175/2008.¶¶88
Prior proceeding
Trial court judgment and decree dated 03.07.2010 in O.S.No.175/2008 on the file of the Prl. Civil Judge, Tiptur, confirmed in RA No.38/2010.¶¶88
Prior proceeding
During pendency of RSA No.1822/2017 the sole appellant died on 23.01.2024, leaving legal heirs Gangamma and Basavarajappa; her son Shivanna had predeceased her on 10.10.1993, leaving legal representatives Pradeep M.S and Naveen M.S.¶¶106
Prior proceeding
In RSA No.1821/2017, by order dated 01.03.2023 notice to Respondents 2 and 3 was held sufficient.¶¶37
Prior proceeding
In RSA No.1821/2017, by order dated 01.06.2026 notice to Respondents 3, 5 and 6 was dispensed with.¶¶39

Pradeep v. Shankarappa

Case brief

What is this about?

What did the court decide?

Pradeep v. Shankarappa

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Harish Poojary Vs the State

C.K Nagaraju Vs Puttamallegowda

Vishnupadachar Vs M a Rajaiah

Sri. Kamappa Vs Munireddy Since Deceased by His Lrs Chennamma

Smt. Lakshmamma Vs Shankarappa

Smt Gangamma Vs P H Nagappa