Dismissed¶38

Shanthamma v. Siddappa

Karnataka HC2 Jun 2026RSA/2311/2017

Case brief

AI extract

What is this about?

Karnataka High Court at Bengaluru (NC: 2026:KHC:25595), V Srishananda J, 02.06.2026 — RSA No. 2311 of 2017 (under Sec.100 CPC) DISMISSED FOR NON-PROSECUTION: paper books not filed despite the Court's order dated 27.02.2019. Underlying matter: partition and separate possession suit OS No.195/2011 (Civil Judge & JMFC, Gundlupet) dismissed by trial court on 5.6.2015; first appeal RA No.111/2017 (Senior Civil Judge & JMFC, Gundlupet) allowed on 10.08.2017. No merits or law point decided; no case law discussed. Appellants' counsel: Sri. Somashekar Kashimath; Respondent 1's counsel: Sri. R.C. Nagaraj; R2 served.

What did the court decide?

The appeal stands dismissed for non-prosecution, as the paper books directed to be filed by this Court's order dated 27.02.2019 were not filed till the date of judgment. ¶37

Shanthamma Vs Siddappa — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:25595 RSA No. 2311 of 2017

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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 2^ND DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 2311 OF 2017 (PAR)

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BETWEEN:

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SHANTHAMMA

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W/O LATE NANJUNDAPPA AGED ABOUT 69 YEARS R/O BARATAHALLI VILLAGE TERAKANAMBI HOBLI

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GUNDLUPET TALUK, PINCODE-571111.

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DEVAMMA

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W/O SHIVAPPA AGED ABOUT 39 YEARS R/O KATNAVADI VILLAGE HARADANHALLI HOBLI CHAMARAJANAGAR TALUK PINCODE-571 313.

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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PARVATHAMMA

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W/O SIDDAPPA AGED ABOUT 36 YEARS R/O BARATAHALLI VILLAGE TERAKANAMBI HOBLI GUNDLUPET TALUK, PINCODE-571 111.

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…APPELLANTS

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(BY SRI. SOMASHEKAR KASHIMATH, ADVOCATE)

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AND:

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SIDDAPPA S/O LATE MALLAPPA AGED ABOUT 61 YEARS

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NC: 2026:KHC:25595 RSA No. 2311 of 2017

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HC-KAR

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R/O BARATAHALLI VILLAGE TERAKANAMBI HOBLI GUNDLUPET TALUK, PINCODE-571111.

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VEERAJAMMA W/O RAMAPPA AGED ABOUT 69 YEARS R/O BARATAHALLI VILLAGE TERAKANAMBI HOBLI GUNDLUPET TALUK PINCODE-571111.

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…RESPONDENTS

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(BY SRI. R.C. NAGARAJ, ADVOCATE FOR R1; R2 SERVED)

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THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.08.2017 PASSED IN RA NO.111/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GUNDLUPET, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 5.6.2015 PASSED IN OS NO.195/2011 ON THE FILE OF THE CIVIL JUDGE AND JMFC, GUNDLUPET. TRIAL COURT DISMISSED THE SUIT. APPELLATE COURT ALLOWED THE APPEAL. THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

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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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ORAL JUDGMENT

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This Court vide order dated 27.02.2019 directed

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to file the paper book. Till today, the paper books are not filed. The appeal is of the year 2017.

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