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Smt Jayamma W/O Karisiddappa Vs Smt Nagarathnamma — Karnataka HC (2026) — LawSathi Research

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Karnataka HC
2026
Smt Jayamma W/O Karisiddappa Vs Smt NagarathnammaSmt Jayamma W/O Karisiddappa v. Smt Nagarathnamma

Dismissed¶33

Smt Jayamma W/O Karisiddappa v. Smt Nagarathnamma

Karnataka HC3 Jul 2026RSA/78/2012

Case brief

AI extract

What is this about?

Dismissal of Regular Second Appeal for default/non-prosecution; appellants' counsel absent on 22.06.2026 and unrepresented when matter listed for dismissal; respondents' submission that an alternative site was given to appellants noted for clarification. Filed under Section 100 CPC against R.A.No.34/2006 (II Addl. District Judge, Davanagere, judgment/decree 17.09.2011) which had set aside O.S.No.160/1995 (Prl. Civil Judge (Sr.Dn), Davanagere, judgment/decree 15.02.2006). Parties: Smt. Jayamma and Panduraja (appellants) v. Smt. Nagarathnamma (since dead, through LR Sri. Manohar Kumar C.B.), Davanagere City Municipality, S.K. Lokesh and S.K. Chandrashekar. High Court of Karnataka at Bengaluru, decided 03.07.2026, H.P. Sandesh, J.; NC: 2026:KHC:33445.

What did the court decide?

The appeal is dismissed for non-prosecution: although the matter was listed for dismissal after the Court's prior warning that failure of the appellants' counsel to appear would result in dismissal, there was no representation on behalf of the appellants.

What the court decided

AI extract

Outcome

Dismissed

Ratio / Principle

The appeal is dismissed for non-prosecution: although the matter was listed for dismissal after the Court's prior warning that failure of the appellants' counsel to appear would result in dismissal, there was no representation on behalf of the appellants.

Detailed headnote1 paragraphs

Regular Second Appeal under Section 100 CPC dismissed for non-prosecution. RSA No.78 of 2012 was directed against the judgment and decree dated 17.09.2011 in R.A.No.34/2006 (II Addl. District Judge, Davanagere), by which the first appeal was allowed and the judgment and decree dated 15.02.2006 in O.S.No.160/1995 (Prl. Civil Judge (Sr.Dn), Davanagere) was set aside. When the matter was listed on 22.06.2026 the appellants' counsel was absent; the Court directed him to clarify the respondents' submission that an alternative site had been given to the appellants and warned that failure to appear on the next date would result in dismissal. Despite the matter being listed for dismissal, there was again no representation for the appellants. H.P. Sandesh, J., dismissed the appeal.

A

1 - NC: 2026:KHC:33445 RSA No. 78 of 2012

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.P.SANDESH

REGULAR SECOND APPEAL NO.78 OF 2012 (INJ)

BETWEEN:

SMT. JAYAMMA, W/O KARISIDDAPPA, AGED ABOUT 46 YEARS, GARDENER, R/AT DAVANAGERE CITY MUNICIPALITY, DAVANAGERE-577002.

PANDURAJA, S/O LATE KARISIDDAPPA, AGED ABOUT 34 YEARS, SECOND DIVISION CLERK, ACCOUNT SECTION, CITY MUNICIPALITY, DAVANAGERE-577002.

Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

AND:

…APPELLANTS

(BY SRI. M. RAM BHAT, ADVOCATE - ABSENT)

SMT. NAGARATHNAMMA, W/O BRAHMAPPA CHALAGERI, SINCE DEAD BY HER LR.

1(a) SRI. MANOHAR KUMAR C.B., S/O LATE BRAHMAPPA CHALAGERI, AGED ABOUT 63 YEARS, R/O. NO.45, BELAKU, JNANAVIHAR EXTENSION,

2 - NC: 2026:KHC:33445 RSA No. 78 of 2012

HC-KAR

NEAR COUNTRY CLUB, VIDHYANAGAR, SHIVAMOGGA-577203.

(AMENDED VIDE COURT ORDER DATED 26.04.2019)

DAVANAGERE CITY MUNICIPALITY, DAVANAGERE-577002, BY ITS COMMISSIONER.

S.K. LOKESH, S/O LATE KARISIDDAPPA, AGED ABOUT 41 YEARS, C/O SMT. JAYAMMA, R/O. M.C.C.BLOCK, DAVANAGERE-577002.

S.K. CHANDRASHEKAR, S/O LATE KARISIDAPPA, AGED ABOUT 34 YEARS, C/O SMT. JAYAMMA, R/O M.C.C.BLOCK, DAVANAGERE-577002.

…RESPONDENTS

(BY SRI. B.S.SACHIN, ADVOCATE FOR R1(a); SRI. B.K.MANJUNATH, ADVOCATE FOR R2; VIDE ORDER DATED 07.02.2013, NOTICE TO R3 AND R4 DISPENSED WITH)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.09.2011 PASSED IN R.A.NO.34/2006 ON THE FILE OF THE II ADDL. DISTRICT JUDGE, DAVANAGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 15.02.2006 PASSED IN O.S.NO.160/1995 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN), DAVANAGERE.

THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

3 -

NC: 2026:KHC:33445 RSA No. 78 of 2012

HC-KAR

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

When this matter was listed on 22.06.2026, the learned counsel for the appellants was absent. Hence, this Court directed the learned counsel for the appellants to clarify with regard to the submission of the learned counsel for the respondents that an alternative site is given to the appellants. This Court also made it clear that if the learned counsel for the appellants fails to appear on the next date of hearing, the appeal will be dismissed. Inspite the matter is listed for dismissal, there is no representation on behalf of the appellants. Hence, the appeal is dismissed.

Sd/(H.P.SANDESH) JUDGE

MD

List No.: 1 Sl No.: 73

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil ProcedureSection 100¶26

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 17.09.2011 in R.A.No.34/2006 allowing the first appeal and setting aside the judgment and decree dated 15.02.2006 in O.S.No.160/1995.¶26
II ADDL. DISTRICT JUDGE, DAVANAGERE · 17.09.2011
Prior proceeding
Trial court suit O.S.No.160/1995 on the file of the Prl. Civil Judge (Sr.Dn), Davanagere; judgment and decree dated 15.02.2006, subsequently set aside in first appeal.¶26
Prior proceeding
First appeal R.A.No.34/2006 on the file of the II Addl. District Judge, Davanagere, allowed by judgment and decree dated 17.09.2011.¶26
Prior proceeding
By order dated 07.02.2013, notice to respondents 3 and 4 was dispensed with.¶25
Prior proceeding
Cause title amended vide court order dated 26.04.2019, bringing the legal representative of deceased respondent No.1 on record.¶20

Parties & counsel

AI extract

appellant
SMT. JAYAMMA¶9
M. RAM BHAT
appellant
PANDURAJA¶10
M. RAM BHAT
respondent
SMT. NAGARATHNAMMA¶15
respondent
SRI. MANOHAR KUMAR C.B.¶16
B.S. SACHIN
respondent
DAVANAGERE CITY MUNICIPALITY¶21
B.K. MANJUNATH
respondent
S.K. LOKESH¶22
respondent
S.K. CHANDRASHEKAR¶23

Coram

AI extract

H.P. Sandeshauthor¶31

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 3 Jul 2026 · July
Registered: 6 Jan 2012
Case no.: RSA/78/2012
CNR: KAHC010531782012
Bench: H.p.sandesh
Disposal: DISMISSED
Case type: REGULAR SECOND APPEAL (INJ)

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Cite this judgement

Smt Jayamma W/O Karisiddappa v. Smt Nagarathnamma, RSA/78/2012 (KA), decided on 3 July 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil ProcedureSection 100

View all statutes

Procedural history5

Judgment and decree dated 17.09.2011 in R.A.No.34/2006 allowing the first appeal and setting aside the judgment and decree dated 15.02.2006 in O.S.No.160/1995.II ADDL. DISTRICT JUDGE, DAVANAGERE · 17.09.2011
Trial court suit O.S.No.160/1995 on the file of the Prl. Civil Judge (Sr.Dn), Davanagere; judgment and decree dated 15.02.2006, subsequently set aside in first appeal.
First appeal R.A.No.34/2006 on the file of the II Addl. District Judge, Davanagere, allowed by judgment and decree dated 17.09.2011.

View full history

Bench / Coram

H.P. Sandesh

Parties & counsel