Dismissed¶52

Sri Kenchappa v. T Mallaiah

Karnataka HC22 Jul 2026RSA/787/2021

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; RSA No. 787 of 2021 (CNR KAHC010419572021); decided 22.07.2026 by V Srishananda, J.; dismissal of second appeal as withdrawn on memo of Appellant No.2; abatement of appeal qua Appellant No.1 by order dated 22/06/2026; filed under Sec.100 CPC against first appellate judgment in R.A.No. 63/2016 (28.08.2020) that modified decree in OS.No.152/2008 (01.07.2016), Chitradurga; pending IAs disposed of; no findings on merits; no quantum; no precedents discussed.

What did the court decide?

None to the appellants; appeal dismissed as withdrawn at the instance of Appellant No.2, with pending interlocutory applications disposed of. No adjudication on merits. ¶52

Sri Kenchappa Vs T Mallaiah — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:37728 RSA No. 787 of 2021

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HC-KAR

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CNR: KAHC010419572021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF JULY, 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. 787 OF 2021

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BETWEEN:

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SRI KENCHAPPA S/O LATE PAPAIAH, AGED ABOUT 57 YEARS,

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SMT H C MANJULA W/O KENCHAPPA, AGED ABOUT 52 YEARS,

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BOTH ARE R/O KYADIGERE VILLAGE, NOW RESIDING AT SIRA TOWN, TUMKUR DISTRICT 572137.

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…APPELLANTS

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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(BY SMT. DEEPA L. KALLIMANI., ADVOCATE FOR SRI. BHARGAV G., ADVOCATE; V/O DTD. 22/06/2026, APPEAL STANDS

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DISMISSED AS ABATED IN R/O A1) )

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AND:

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T. MALLAIAH S/O LATE THIPPAIAH, AGED ABOUT 49 YEARS,

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MAMATHA D/O LATE BASAVARAJU, AGED ABOUT 28 YEARS,

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SHIVAKUMARAN S/O LATE BASAVARAJU,

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HC-KAR

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NC: 2026:KHC:37728 RSA No. 787 of 2021

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CNR: KAHC010419572021

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AGED ABOUT 26 YEARS,

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SMT SHANTHAVEERAMMA W/O BASAPPA, AGED ABOUT 62 YEARS,

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SRI RAMAPPA S/O LT THIPPAIAH, AGED ABOUT 59 YEARS,

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RESPONDENTS NO.1 TO 5 ARE R/O: KYADIGERE VILLAGE, KASABA HOBLI, CHITRADURGA TALUK AND DISTRICT 577524.

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SRI CHIKKIRAPPA S/O LATE CHENNAVEERAPPA, H/O LATE SMT SHARADAMMA, AGED ABOUT 62 YEARS, AGRICULTURIST,

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RUDRAPPA S/O CHIKKIRAPPA, AGED ABOUT 22 YEARS, AGRICULTURIST,

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BOTH R6 & 7 ARE R/O: CHIKKAPURA VILLAGE, CHITRADURGA TALUK AND DISTRICT 577524.

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SMT RATHNAMMA W/O MUDIGERAPPA, AGED ABOUT 52 YEARS, AGRICULTURIST, R/O: CHIKKAPURA VILLAGE, CHITRADURGA TALUK AND DISTRICT 577520.

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…RESPONDENTS

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(BY SRI. R SHASHIDHARA., ADVOCATE)

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HC-KAR

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NC: 2026:KHC:37728 RSA No. 787 of 2021

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CNR: KAHC010419572021

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THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.08.2020 PASSED IN R.A.NO. 63/2016 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE, CHITRADURGA, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 01.07.2016 PASSED IN OS.NO.152/2008 ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC., CHITRADURGA AND ETC.

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THIS APPEAL, COMING ON FOR ADMISSION, 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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Learned Counsel for the appellants has filed a memo dated 22.07.2026. Memo reads as under:

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"The appellant No.2 respectfully submits that the appellant No.2 decided not to prosecute the above case any further and accepts the judgment and decree passed by the learned Trial Court.

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Therefore, the appellant No.2 prays that this Hon'ble Court may be pleased to dismiss the above case as withdrawn, leaving the judgment and decree passed by the learned Trial Court undisturbed, in the interest of justice and equity."

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HC-KAR

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NC: 2026:KHC:37728 RSA No. 787 of 2021

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CNR: KAHC010419572021

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