Regular Second Appeal (RSA) against a confirmed judgment and decree regarding civil suit for declaration and possession. The appeal was dismissed for non-prosecution as the appellants failed to appear despite multiple listings and court orders to re-list.
Regular Second Appeal No. 230 of 2022 dismissed for non-prosecution.
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: 2025:KHC:19467 RSA No. 230 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.230 OF 2022
BETWEEN:
BOTH ARE R/O KALLIKOPPALU VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN – 573 211.
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
BOTH APPELLANTS 3 AND 4 ARE R/AT KALLIKOPPALU VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN 573 211.
…APPELLANTS
(BY SRI. RAJESH SHETTIGAR, ADVOCATE - ABSENT)
HC-KAR
AND:
RESPONDENTS NO.3(a) TO 3(d) ARE R/AT D.NO.17,
BESIDE GREENHOOD ENGLISH SCHOOL, HOUSING BOARD, HOLENARASIPURA TOWN,
HC-KAR
HOLENARASIPUR TALUK, HASSAN DISTRICT – 573 211.
…RESPONDENTS
(BY SRI. GURURAJ R, ADVOCATE FOR C/R1, R3(a & b) AND R4)
HC-KAR
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 12.11.2020 PASSED IN R.A.NO.23/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 17.06.2017 PASSED IN O.S.NO.79/2009 ON THE FILE OF THE CIVIL JUDGE, AND JMFC, HOLENARASIPURA.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL JUDGMENT
This appeal was filed on 01.02.2022. Though the office objections are complied subsequently, when the matter was listed for admission on 18.03.2025, there was no representation on behalf of the appellants. However, this Court ordered to re-list the matter in the third week of April 2025. On 22.04.2025, the matter was called twice and none appeared for the appellants. Hence, the case was ordered to be listed after summer vacation 2025.
HC-KAR
non-prosecution.
Sd/(H.P.SANDESH) JUDGE
MD List No.: 1 Sl No.: 47
SMT. DYAVAMMA AND ORS.
LEYSEGOWDA AND ORS.
H.P. Sandesh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
