Dismissed¶30

Sri Gubbi Huchaiah v. Sri Siddalingaiah

Karnataka HC12 Jun 2026RSA/576/2018

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; RSA No. 576 of 2018 (INJ); Gubbi Huchaiah v. Siddalingaiah and others; decided 12 June 2026 by Justice V Srishananda. Appeal dismissed for non-prosecution (appellant's counsel N Suresha absent; A.V. Gangadharappa for R1; R2, R3 served). Underlying proceedings: O.S.No.154/2007 (Civil Judge, Gubbi, decree 12.11.2010) and RA.No.01/2011 (Senior Civil Judge, Gubbi, order 14.09.2015). Statute: Section 100 CPC. No precedent engaged and no substantive issue decided; deceased fourth respondent removed by order dated 02.06.2026.

What did the court decide?

Since counsel for the appellant was consistently absent despite earlier accommodation by the Court, the regular second appeal stands dismissed for non-prosecution. ¶35

Sri Gubbi Huchaiah Vs Sri Siddalingaiah — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:28918 RSA No. 576 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 12^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.576 OF 2018 (INJ)

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BETWEEN:

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SRI GUBBI HUCHAIAH S/O LATE KANNIGAIAH AGED ABOUT 68 YEARS R/A CHIKKONAHALLY MAJARE KADEPALYA KASABA HOBLI

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GUBBI TALUK-572 216

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…APPELLANT

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(BY SRI N SURESHA, ADVOCATE -ABSENT)

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AND:

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SRI SIDDALINGAIAH S/O LATE KANNIGAIAH AGED ABOUT 56 YEARS

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Digitally signed by MALATESH K C

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Location: HIGH COURT OF KARNATAKA

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SRI SHIVAKUMAR S/O GUBBI HUCHAIAH AGED ABOUT 32 YEARS

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SRI HARIYANNA S/O LATE KANNIGAIAH AGED ABOUT 73 YEARS

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SRI SIDDANARASAIAH S/O LATE KANNIGAIAH AGED ABOUT 78 YEARS

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ALL ARE RESIDING AT CHIKKONAHALLI MAJARE KADAPALYA

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NC: 2026:KHC:28918 RSA No. 576 of 2018

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HC-KAR

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GUBBI TALUK – 572 216.

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…RESPONDENTS (BY SRI. A.V.GANGADHARAPPA, ADVOCATE FOR R1; R2, R3 ARE SERVED;

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VIDE ORDER DATED 02.06.2026, APPEAL STANDS DISMISSED FOR NON-PROSECUTION IN RESPECT OF DECEASED R4)

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THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE ORDER DTD 14.09.2015 PASSED ON IA IN RA.NO.01/2011, ON THE FILE OF THE SENIOR CIVIL JUDGE, GUBBI ALLOWING THE APPLICATION AND ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.11.2010 PASSED IN O.S.NO.154/2007 ON THE FILE OF THE CIVIL JUDGE, GUBBI.

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THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL JUDGMENT

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Case called twice. None present on behalf of the appellant. Sri A.V. Gangadharappa, learned counsel for the respondent No.1 is present.

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Matter was adjourned from 11.06.2022 to today. Earlier also the counsel for the appellant has sought for time and this Court has accommodated the appellant.

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NC: 2026:KHC:28918 RSA No. 576 of 2018

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HC-KAR

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