Dismissed¶59

Lakshmamma v. Hanumantharayappa

Karnataka HC2 Jun 2026RSA/2323/2017

Case brief

AI extract

What is this about?

RSA No. 2323 of 2017, High Court of Karnataka at Bengaluru, V Srishananda J., decided 02.06.2026. Regular Second Appeal under Section 100 CPC against judgment/decree dated 21.9.2017 in RA No.5011/2016 (4th Addl. District and Sessions Judge, Madhugiri) dismissing the appeal against decree dated 5.4.2014 in OS No.248/2008 (Prl. Civil Judge and JMFC, Madhugiri) decreeing a suit for declaration and permanent injunction. Appeal dismissed for non-prosecution: paper books directed by order dated 19.03.2021 not filed; appeal pending since 2017. Parties: Lakshmamma (dead) by LRs v. Hanumantharayappa (dead) by LRs; Tumkur/Madhugiri; no merits decided; no quantum; no precedents discussed.

What did the court decide?

The appeal stands dismissed for non-prosecution. ¶59

Lakshmamma Vs Hanumantharayappa — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:25599 RSA No. 2323 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

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REGULAR SECOND APPEAL NO. 2323 OF 2017 (DEC/INJ)

BETWEEN:

LAKSHMAMMA

D/O VENKATARAVANAPPA

SINCE DEAD BY LRS

VENKATESH BABU

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S/O ERANNA

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R/AT KODLAPURA VILALGE MADHUGIRI TALUK TUMKUR DISTRICT-572101.

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MAHALAKSHMAMMA

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D/O ERANNA

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AGED ABOUT 54 YEARS R/AT KODLAPURA VILLAGE MADHUGIRI TALUK

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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TUMKUR DISTRICT-572101.

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…APPELLANTS

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(BY SRI. HARISH .H.V, ADVOCATE)

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AND:

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HANUMANTHARAYAPPA

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S/O LATE CHINNAHANUMANAIKA

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SINCE DEAD BY LRS

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LAKSHMAMMA

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W/O LATE HANUMANTHARAYAPPA AGED ABOUT 73 YEARS

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NC: 2026:KHC:25599 RSA No. 2323 of 2017

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HC-KAR

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NARASIMHAPPA S/O LATE HANUMANTHARAYAPPA AGED ABOUT 73 YEARS

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K.H. NAGARAJU

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S/O LATE HANUMANTHARAYAPPA SINCE DEAD Y LRS

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SHARADAMMA S/O LATE K.H.NAGARAJU AGED AOUT 40 YEARS

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K.H. SUNIL S/O LATE K.H. NAGARAJU AGED ABOUT 15 YEARS

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K.H. PUNITH S/O LATE K.H. NAGARAJU AGED ABOUT 13 YEARS

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R4 AND R5 ARE MINORS

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REP BY THEIR MOTHER-NATURAL GUARDIAN SMT. SHARADAMMA

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W/O LATE K.H.NAGARAJU

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R1 TO R5 ARE R/AT GANGASANDRA, HOSUR HOBLI GOWRIBIDANUR TALUK TUMKUR DISTRICT-572 101.

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LAKSHMAMMA

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D/O LATE HANUMANTHARAYAPPA

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AGED ABOUT 52 YEARS GANGASANDRA, HOSUR HOBLI GOWRIBIDANUR TALUK TUMKUR DISTRICT-572101.

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LAKSHMINARASAMMA W/O GANGADHARAPPA AGED ABOUT 49 YEARS

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R/AT GANGASANDRA, HOSUR HOBLI

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3 - NC: 2026:KHC:25599 RSA No. 2323 of 2017

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HC-KAR

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GOWRIBIDANUR TALUK TUMKUR DISTRICT-572101.

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…RESPONDENTS

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(BY SRI. KASHYAP N. NAIK, ADVOCATE FOR C/R1 TO R7)

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THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.9.2017 PASSED IN RA NO.5011/2016 ON THE FILE OF THE 4TH ADDL. DISTRICT AND SESSIONS JUDGE, MADHUGIRI, DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 5.4.2014 PASSED IN OS NO.248/2008 ON THE FILE OFT HE PRL. CIVIL JUDGE AND JMFC, MADHUGIRI, TRIAL COURT DECREED THE SUIT. APPELLATE COURT DISMISSED THE APPEAL. THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.

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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 19.03.2021 directed

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to file the paper books. Till today, the paper books are not

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filed. The appeal is of the year 2017.