Karnataka High Court
Betta @ Bettaish vs Honnamma on 5 November, 2025
-1-
NC: 2025:KHC:44720
RSA No. 245 of 2009
C/W RSA No. 244 of 2009
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
REGULAR SECOND APPEAL NO.245 OF 2009 (DEC/INJ)
C/W
REGULAR SECOND APPEAL NO. 244 OF 2009 (DEC/INJ)
IN RSA NO.245/2009:
BETWEEN:
1. CHIKKABORAIAH
S/O. LATE BORA @ BORAIAH
AGED ABOUT 59 YEARS,
2. CHIKKABORAMMA
D/O LATE BORA @ BORAIAH
Digitally AGED ABOUT 57 YEARS
signed by
GEETHA P G
Location:
3. BORAMMA
HIGH D/O LATE BORA @ BORAIAH
COURT OF AGED ABOUT 57 YEARS,
KARNATAKA
ALL ARE R/O. HADYA VILLAGE
DUDDA HOBLI,
MANDYA TALUK-571 401.
...APPELLANTS
[BY SRI. SOMASHEKAR KASHIMATH, ADVOCATE (ABSENT)]
-2-
NC: 2025:KHC:44720
RSA No. 245 of 2009
C/W RSA No. 244 of 2009
HC-KAR
AND:
1. HONNAMMA
W/O. LATE DODDABOREGOWDA
AGED ABOUT 78 YEARS,
2. H.D. DEVEGOWDA
S/O LATE DODDABOREGOWDA
AGED ABOUT 41 YEARS,
BOTH ARE R/O. HADYA VILLAGE
HULLENAHALLI POST
DUDDA HOBLI,
MANDYA TALUK-571 401.
3. SHIVAMMA
W/O KARIGOWDA
AGED ABOUT 45 YEARS
R/O. CHANDAGALU VILLAGE
DUDDA HOBLI,
MANDYA TALUK-571 401.
4. PUTTATHAYAMMA
W/O PUTTALINGEGOWDA
DEAD BY LR'S
4(a) PUTTALINGEGOWDA
S/O BOREGOWDA
AGED ABOUT 56 YEARS,
4(b) MURTHY
D/O. PUTTALINGEGOWDA
AGED ABOUT 40 YEARS,
4(c) SHOBA
D/O. PUTTALINGEGOWDA
AGED ABOUT 38 YEARS,
4(d) SOUMYA
D/O PUTTALINGEGOWDA
AGED ABOUT 35 YEARS,
-3-
NC: 2025:KHC:44720
RSA No. 245 of 2009
C/W RSA No. 244 of 2009
HC-KAR
RESPONDENT NOS.4(a) TO 4(d) ARE
R/O CHEERANHALLI VILLAGE
KOTHATHI HOBLI
MANDYA TALUK-571 401.
5. KALPANA
W/O RAMAKRISHNA
AGED ABOUT 39 YEARS
R/O. HOSBUDANUR VILLAGE
KASABA HOBLI
MANDYA TALUK-571 401.
6. KARIYAPPA
S/O GENDEGOWDA
DEAD BY LR'S
6(a) MANGALAMMA
W/O LATE KARIYAPPA
AGED ABOUT 58 YEARS,
6(b) DEVAMMA
D/O LATE KARIYAPPA
AGED ABOUT 31 YEARS,
6(c) AMBIKA
D/O LATE KARIYAPPA
AGED ABOUT 29 YEARS,
6(d) PRADEEP
S/O LATE KARIYAPPA
AGED ABOUT 23 YEARS,
ALL ARE R/O. SHIVALLI VILLAGE
DUDDA HOBLI
MANDYA TALUK-571 401.
...RESPONDENTS
(BY SRI. H.N. BASAVARAJU, ADVOCATE FOR
R.1 TO R.3 AND R.5;
R.4 AND R.6: DISMISSED AS ABATED VIDE
COURT ORDER DATED 07.12.2016;
-4-
NC: 2025:KHC:44720
RSA No. 245 of 2009
C/W RSA No. 244 of 2009
HC-KAR
R.4(a): NOTICE HELD SUFFICIENT
VIDE COURT ORDER DATED 01.06.2022,
R.4(b): SERVED;
R.4(c AND d): NOTICE HELD SUFFICIENT VIDE
COURT ORDER DATED 10.08.2021;
R.6(a TO d) ARE SERVED)
THIS RSA IS FILED UNDER SECTION 100 OF THE CODE
OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT
AND DECREE IN R.A.NO.24/2005 DATED 30.09.2008, PASSED
BY THE PRL. DISTRICT JUDGE, MANDYA BY DISMISSING THE
APPEAL OF THE APPELLANT/PLAINTIFF AND BY CONFIRMING
THE JUDGMENT AND DECREE PASSED BY THE ADDL. CIVIL
JUDGE (SR.DVN.) MANDYA, IN O.S.NO.188/1997, DATED
02.02.2005, AND ALLOW THE SUIT WITH COST, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN RSA NO.244/2009:
BETWEEN:
1. BETTA @ BETTAISH
S/O LATE KALAIAH
DEAD BY HIS LR'S
1(a) SINGAIAH
S/O LATE BETTA @ BETTAIAH
AGED ABOUT 54 YEARS,
1(b) VENKATESH
S/O LATE BETTA @ BETTAIAH
AGED ABOUT 52 YEARS,
1(c) SHUSHILA
D/O LATE BETTA @ BETTAIAH
AGED ABOUT 50 YEARS,
1(d) RENUKA
D/O LATE BETTA @ BETTAIAH
AGED ABOUT 45 YEARS,
-5-
NC: 2025:KHC:44720
RSA No. 245 of 2009
C/W RSA No. 244 of 2009
HC-KAR
1(e) SHIVANNA
S/O LATE BETTA @ BETTAIAH
AGED ABOUT 43 YEARS,
1(f) NAGAMMA
D/O LATE BETTA @ BETTAIAH
AGED ABOUT 35 YEARS,
1(g) SMT. SANAMMA
W/O LATE BETTA @ BETTAIAH
AGED ABOUT 65 YEARS,
ALL R/O. HADYA VILLAGE
DUDDA HOBLI,
MANDYA TALUK-571 401.
...APPELLANTS
[BY SRI. SOMASHEKHAR KASHIMATH, ADVOCATE
FOR 1(a-g) (ABSENT)]
AND:
1. HONNAMMA
W/O. LATE DODDABOREGOWDA
AGED ABOUT 78 YEARS,
2. H.D. DEVEGOWDA
S/O LATE DODDABOREGOWDA
AGED ABOUT 41 YEARS,
BOTH ARE R/O. HADYA VILLAGE
HULLENAHALLI POST
DUDDA HOBLI,
MANDYA TALUK-571 401.
3. SHIVAMMA
W/O KARIGOWDA
AGED ABOUT 45 YEARS
R/O. CHANDAGALU VILLAGE
DUDDA HOBLI,
MANDYA TALUK-571 401.
-6-
NC: 2025:KHC:44720
RSA No. 245 of 2009
C/W RSA No. 244 of 2009
HC-KAR
4. PUTTATHAYAMMA
W/O PUTTALINGEGOWDA
DEAD BY LRS.
4(a) PUTTALINGEGOWDA
S/O BOREGOWDA
AGED ABOUT 56 YEARS,
4(b) MURTHY
D/O. PUTTALINGEGOWDA
AGED ABOUT 40 YEARS,
4(c) SHOBA
D/O. PUTTALINGEGOWDA
AGED ABOUT 38 YEARS,
4(d) SOUMYA
D/O PUTTALINGEGOWDA
AGED ABOUT 35 YEARS,
RESPONDENT NOS.4(a) TO 4(d) ARE
R/O CHEERANHALLI VILLAGE
KOTHATHI HOBLI
MANDYA TALUK-571 401.
5. KALPANA
W/O RAMAKRISHNA
AGED ABOUT 39 YEARS
R/O. HOSBUDANUR VILLAGE
KASABA HOBLI
MANDYA TALUK-571 401.
6. KARIYAPPA
S/O GENDEGOWDA
DEAD BY LR'S
6(a) MANGALAMMA
W/O LATE KARIYAPPA
AGED ABOUT 58 YEARS,
-7-
NC: 2025:KHC:44720
RSA No. 245 of 2009
C/W RSA No. 244 of 2009
HC-KAR
6(b) DEVAMMA
D/O LATE KARIYAPPA
AGED ABOUT 31 YEARS,
6(c) AMBIKA
D/O LATE KARIYAPPA
AGED ABOUT 29 YEARS,
6(d) PRADEEP
S/O LATE KARIYAPPA
AGED ABOUT 23 YEARS,
ALL ARE R/O. SHIVALLI VILLAGE
DUDDA HOBLI
MANDYA TALUK-571 401.
...RESPONDENTS
(BY SRI. H.N. BASAVARAJU, ADVOCATE FOR
R.1 TO R.3 AND R.5;
R.4 AND R.6: DISMISSED AS ABATED VIDE
COURT ORDER DATED 07.12.2016;
R.4(a): SERVICE HELD SUFFICIENT
VIDE COURT ORDER DATED 01.06.2022,
R.4(b): SERVED;
R.4(c AND d) HELD SUFFICIENT VIDE
COURT ORDER DATED 10.08.2021;
R.6(a) SERVED;
R.6(b-d) ARE SERVED.)
THIS RSA IS FILED UNDER SECTION 100 OF THE CODE
OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE IN R.A.NO.22/2005 DATED
30.09.2008, PASSED BY THE PRL. DISTRICT JUDGE,
MANDYA BY DISMISSING THE APPEAL OF THE
APPELLANT/PLAINTIFF AND BY CONFIRMING THE JUDGMENT
AND DECREE PASSED BY THE ADDL. CIVIL JUDGE (SR.DVN.)
MANDYA, IN O.S.NO.163/1998, DATED 02.02.2005, AND
ALLOW THE SUIT WITH COST, IN THE INTEREST OF JUSTICE
AND EQUITY.
-8-
NC: 2025:KHC:44720
RSA No. 245 of 2009
C/W RSA No. 244 of 2009
HC-KAR
THESE APPEALS, COMING ON FOR HEARING, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL JUDGMENT
None appears for the appellants. The appeals are of the year 2009. It appears that the appellants are not interested in prosecuting the appeals. The appeals are accordingly dismissed for non-prosecution.
SD/-
(M.I.ARUN) JUDGE hkh.
List No.: 2 Sl No.: 10