Dismissed¶39

Sri H P Lakshmana v. Sri Basappa Since Deceased Rep by His Lrs

Karnataka HC16 Apr 2026RSA/683/2026

Case brief

AI extract

What is this about?

RSA No. 683 of 2026, High Court of Karnataka at Bengaluru, decided 16.04.2026 by Justice Pradeep Singh Yerur; appeal dismissed as withdrawn on appellant's memo (erroneous remedy — Miscellaneous Second Appeal contemplated); liberty to file appropriate appeal; refund of entire court fee under Karnataka Court-Fee and Suits Valuation Act, 1958 within two weeks; relates to R.A.No.60/2026 and O.S.No.938/2010, IA.No.V; parties include Karnataka Housing Board and Megacity (Bangalore) Developers and Builders Ltd.; withdrawal, court fee refund, Section 100 CPC.

What did the court decide?

Appeal dismissed as withdrawn with liberty to file an appropriate appeal before the appropriate forum; Registry directed to refund the entire court fee to the appellant within two weeks of furnishing bank details. ¶39

Sri H P Lakshmana Vs Sri Basappa Since Deceased Rep by His Lrs — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:20834 RSA No. 683 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF APRIL, 2026 BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO.683 OF 2026

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BETWEEN:

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SRI H.P.LAKSHMANA S/O.LATE PUTTABASAPPA AGED ABOUT 61 YEARS R/AT HAMPAPURA VILLAGE KENGERI HOBLI

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BENGALURU SOUTH TALUK-560 060

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…APPELLANT

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(BY SRI RAGHUNANDAN M.S., ADVOCATE)

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AND:

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SRI BASAPPA SINCE DECEASED REP. BY HIS LRS.

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SMT.HEMAVATHI W/O.LATE BASAPPA AGED ABOUT 67 YEARS

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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SRI SUNIL KUMAR S/O.LATE BASAPPA AGED ABOUT 44 YEARS

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SMT.SHASHIKALA D/O.LATE BASAPPA AGED ABOUT 46 YEARS

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SMT.GIRIJAMBA D/O.LATE BASAPPA AGED ABOUT 44 YEARS

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2 - NC: 2026:KHC:20834 RSA No. 683 of 2026

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HC-KAR

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SMT.NEELA D/O.LATE BASAPPA AGED ABOUT 44 YEARS

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R-1 TO R-5 ARE R/AT HAMPAPURA VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU RURAL DISTRICT-560 060

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SRI CHENNIGAPPA S/O.SRI PUTTABASAPPA AGED ABOUT 66 YEARS R/AT HAMPAPURA VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU RURAL DISTRICT-560 060

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THE KARNATAKA HOUSING BOARD KHB COMPLEX, CAUVERY BHAVAN K.G.ROAD, BENGALURU -560 009 REP. BY ITS EXECUTIVE ENGINEER

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M/S.MEGACITY (BANGALORE) DEVELOPERS AND BUILDERS LTD. NO.1, "CHANDRA LOK" 5^TH CROSS, GANDHINAGAR BENGALURU-560 009 REP. BY ITS MANAGING DIRECTOR

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SRI C.P.YOGEESHWARA S/O.SRI PUTTAMADEGOWDA AGED ABOUT 67 YEARS R/AT CHEKKERE VILLAGE MALUR HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT-562 159

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…RESPONDENTS

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(BY SRI NAGANARAJ SHETTY, ADVOCATE FOR C/R-8 & R-9)

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3 - NC: 2026:KHC:20834 RSA No. 683 of 2026

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HC-KAR

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE DATED 02.04.2026 PASSED IN R.A.NO.60/2026 BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND CONSEQUENTLY, RESTORE THE ORDER DATED 09.03.2026 PASSED ON IA.NO.V IN O.S.NO.938/2010 BY I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND ETC.

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THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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ORAL JUDGMENT

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Learned counsel for appellant files a memo, which reads as under:

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"In view of the above matter, the Appellant had filed the instant Appeal challenging the Judgment passed by the Hon'ble First Appellate Court in RA. No. 60/2026, restoring the suit in OS No.938/2010, on the file of 1^st Addl. Senior Civil Judge at Bengaluru rural District, Bengaluru. It is submitted that, the Appellant by oversight filed the instant Appeal instead of filing of Miscellaneous Second Appeal before this Hon'ble Court. Hence that this Hon'ble Court may kindly be pleased to permit the Appellant to withdraw the instant Appeal with liberty to file a Miscellaneous Second Appeal before this Hon'ble

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NC: 2026:KHC:20834 RSA No. 683 of 2026

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HC-KAR

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Court. And further that this Hon'ble Court may kindly be pleased to direct the registry to refund the Court fees paid by the Appellant in the instant Appeal. In the interest of justice and equity."

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Placing the said memo on record, this appeal is dismissed as withdrawn, reserving liberty to the appellant to file appropriate appeal before the appropriate forum.

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In view of withdrawal of the appeal, Registry is directed to refund the entire Court fee as per the Karnataka Court-Fee and Suits Valuation Act, 1958, upon the appellant furnishing relevant Bank details.

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Registry to refund the amount to the appellant within a period of two weeks from the date of appellant furnishing necessary Bank details.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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List No.: 1 Sl No.: 15

Sri H P Lakshmana v. Sri Basappa Since Deceased Rep by His Lrs

Case brief

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Sri H P Lakshmana v. Sri Basappa Since Deceased Rep by His Lrs

Case brief

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Karnataka Housing Board Vs Sri Basappa Since Deceased Rep by His Lrs