Dismissed¶63

Patel Ayyanna Gowda v. Sri Srinivasa

Karnataka HC10 Apr 2026RSA/19/2018

Case brief

AI extract

What is this about?

Karnataka High Court Regular Second Appeal dismissed for non-prosecution (decided 10-04-2026, K.S. Hemalekha J.). Appellants (heirs of deceased Patel Ayyanna Gowda) absent and unrepresented since the 2018 filing; appeal against appellant No.1 abated on his reported death. Underlying chain: OS.No.99/2003 (Additional Senior Civil Judge, Hassan, decree 27.01.2012) confirmed by RA.No.38/2012 (5th Additional District and Sessions Judge, Hassan, 02.11.2016), challenged via S.100 r/w Order XLII Rule 1 CPC but abandoned. Purely procedural disposition; no merits, quantum or precedent involved.

What did the court decide?

The appeal against appellant No.1 stands abated because appellant No.1 is reported to be dead. ¶56

Patel Ayyanna Gowda Vs Sri Srinivasa — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:20063 RSA No. 19 of 2018

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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 10^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR SECOND APPEAL NO. 19 OF 2018 (SP)

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BETWEEN:

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PATEL AYYANNA GOWDA SINCE DEAD BY LRS

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SRI SUBBE GOWDA

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1. S/O LATE AYYANNA GOWDA AGED ABOUT 70 YEARS

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SRI PRASANNA S/O NANJEGOWDA AGED ABOUT 28 YEARS

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SRI RADHAKRISHNA S/O NANJEGOWDA AGED ABOUT 30 YEARS

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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SRI NAGARAJU S/O LATE AYYANNA GOWDA AGED ABOUT 55 YEARS

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APPELLANT NOS.1 TO 4 ARE RESIDING AT: SUBBANAHALLY HALEKOTE HOBLI H N PURA TALUK HASSAN DISTRICT

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SRI JAYANNA S/O LATE AYYANNA GOWDA AGED ABOUT 65 YEARS

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RESIDING AT CORPORATION BANK

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NC: 2026:KHC:20063 RSA No. 19 of 2018

HC-KAR

SAGAR TALUK

SHIMOGA DISTRICT - 577 201.

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…APPELLANTS

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(BY SRI. S V LAKSHMINARAYANA AND SRI. P C NITHYANANDAN., ADVOCATE)

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AND:

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SRI SRINIVASA S/O CHIKKEGOWDA SINCE DECEASED BY HIS LRS

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1(A) SMT JANAKAMMA W/O LATE SRINIVASA AGED ABOUT 61 YEARS

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1(B) SRI PABHAKARA S/O SRINIVASA AGED ABOUT 35 YEARS

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1(C) SRI YOGESH S/O SRINIVASA AGED ABOUT 31 YEARS

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1(E) SMT MANJULA D/O SRINIVASA

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AGED ABOUT 28 YEARS

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ALL ARE RESIDING AT: CHINTANAHALLI VILLAGE, DUDDA HOBLI, HASSAN TALUK - 573 201.

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1(F) VEENA D/O SRINIVASA AGED ABOUT 26 YEARS

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RESIGIND AT: GAVENAHALLI VILLAGE KASABA HOBLI HASSAN TALUK PIN - 573 201

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3 - NC: 2026:KHC:20063 RSA No. 19 of 2018

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HC-KAR

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SMT KALPANA W/O UMESH D/O NANJEGOWDA AGED ABOUT 36 YEARS

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SMT KUMARI W/O SARVOTHAM D/O NANJEGOWDA AGED ABOUT 37 YEARS

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SHANTHA D/O NANJEGOWDA AGED ABOUT 34 YEARS

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RESPONDENTS 2 TO 4 ARE RESIDENTS OF KANANAHALLY, NEAR SUBBANAHALLY, HALEKOTE HOBLI, H N PURA TALUK HASSAN DISTRICT - 573 201.

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SMT BHAGYALAKSHMI W/O GANGAPPA GOWDA AGED ABOUT 59 YEARS BHAGYASHREE NILAYA R/O B KATIHALLY KAPPALU ARASOLERE ROAD HASSAN - 573 201

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SMT LAKSHMI W/O SHIVANNA AGED ABOUT 63 YEARS RESIDING AT: SUBBANAHALLY HALEKOTE HOBLI H N PURA TALUK HASSAN DISTRICT - 573 201.

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…RESPONDENTS (BY SRI. PRAKASH M H.,ADVOCATE FOR 1(A TO E); NOTICE TO R5 IS SERVED AND UNREPRESENTED)

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NC: 2026:KHC:20063 RSA No. 19 of 2018

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HC-KAR

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THIS RSA IS FILED U/S. 100 R/W ORDER XLII RULE 1 OF CPC.,AGAINST THE JUDGEMENT AND DECREE DTD 02.11.2016 PASSED IN RA.NO.38/2012 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 27.01.2012 PASSED IN OS.NO.99/2003 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE,HASSAN.

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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 MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

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Court notice issued to the appellants by this Court on

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10.10.2025 is returned with letter from the Registry of the

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Principal District and Sessions Judge, Hassan, stating that appellant No.1 is dead and appellant Nos.2 to 4 are duly served.