Regular second appeal in a partition suit was not pressed; the appellant filed a memo and affidavit seeking withdrawal, and the appeal was dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:11002 RSA No. 1892 of 2014
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1892 OF 2014 (PAR)
BETWEEN:
Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA
B N SUBBARAYAPPA AGED ABOUT 68 YEARS S/O LATE NARASIMIAH @ NARASIMHE GOWDA P H NO.3/63, PAPER TOWN BHADRAVATHI SHIMOGA DIST – 577 201 PRESENTLY RESIDING AT #72, 6TH MAIN HVR LAYOUT BANGALORE 38 …APPELLANT
(BY SRI. JAYAKARA SHETTY H., ADVOCATE)
AND:
NC: 2026:KHC:11002 RSA No. 1892 of 2014
HC-KAR
R/AT BELAVATHA, KADAB HOBLI, GUBBI TALUK – 580020
AGED ABOUT 53 YEARS S/O LATE HUCHAVEERAIAH R/AT BELAVATHA AT AND POST GUBBI TALUK TUMKUR DISTRICT – 572 101
SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES
W/O LATE SHIVANNA AGED ABOUT 41 YEARS No.27, 2ND CROSS SRIABHAYA SRIRAMA LAYOUT ANDRAHALLI MAIN ROAD PEENYA 2ND STAGE BANGALORE – 560 058
S/O LATE SHIVANNA AGED ABOUT 23 YEARS No.27, 2ND CROSS SRIABHAYA SRIRAMA LAYOUT ANDRAHALLI MAIN ROAD PEENYA 2ND STAGE BANGALORE – 560 058
4(C) ARUNA
S/O LATE SHIVANNA AGED ABOUT 21 YEARS No.27, 2ND CROSS SRIABHAYA SRIRAMA LAYOUT ANDRAHALLI MAIN ROAD PEENYA 2ND STAGE BANGALORE – 560 058
HC-KAR
…RESPONDENTS
[R3 SERVED V/O DATED 05.12.2017 R7 & R8 ARE LEGAL REPRESENTATIVE’S OF R6 V/O DATED 28.02.2019, SERVICE OF NOTICE TO R1 & R2 ARE H/S V/O DATED 28.08.2023 NOTICE TO R4(A TO C) IS H/S)]
NC: 2026:KHC:11002 RSA No. 1892 of 2014
HC-KAR
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.7.2014 PASSED IN R.A.NO.153/2009 ON THE FILE OF THE III ADDL. DISTRICT JUDGE, TUMKUR, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 31.8.2009 PASSED IN O.S.NO.46/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., GUBBI.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL JUDGMENT
withdrawn .
NC: 2026:KHC:11002 RSA No. 1892 of 2014
HC-KAR
application/s, if any, do not survive for consideration and they are disposed of accordingly.
Sd/(ASHOK S.KINAGI) JUDGE
SKS
CT:KHV
1 provisions across 1 enactments
B N Subbarayappa
B N Veeraiah
B N Nanjappa
Ganganna
Shivanna
Smt Shivamma
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
