Sri Halkatappa vs Smt. Gangamma
2025 Latest Caselaw 2237 Kant

Karnataka High Court

Sri Halkatappa vs Smt. Gangamma on 4 August, 2025

Author: V Srishananda

Bench: V Srishananda

                                           -1-
                                                     NC: 2025:KHC:30082
                                                   RSA No. 1454 of 2021


              HC-KAR




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 4TH DAY OF AUGUST, 2025

                                       BEFORE
                       THE HON'BLE MR. JUSTICE V SRISHANANDA
                   REGULAR SECOND APPEAL NO. 1454 OF 2021 (PAR-)
              BETWEEN:

              1.    SRI. HALKATAPPA
                    S/O LATE POOJARI GIDDAPPA,
                    AGED ABOUT 56 YEARS,


              2.    SRI. MALLESHAPPA
                    S/O LATE POOJARI GIDDAPPA,
                    AGED ABOUT 54 YEARS,


                    BOTH ARE R/O DODDAPETE,
                    MYLARALINGASWAMY TEMPAL ROAD,
Digitally
signed by R         KADUR TOWN AND TALUK,
MANJUNATHA
Location:           CHIKKAMAGALURU DISTRICT - 577 548.
HIGH COURT
OF                                                        ...APPELLANTS
KARNATAKA
              (BY SRI. K.R. LINGARAJU, ADVOCATE)

              AND:

              1.    SMT. GANGAMMA
                    W/O MANJAPPA,
                    AGED ABOUT 59 YEARS,
                             -2-
                                      NC: 2025:KHC:30082
                                    RSA No. 1454 of 2021


HC-KAR




2.   SMT. SHANTHAMMA
     D/O LATE POOJARI GIDDAPPA,
     AGED ABOUT 52 YEARS,

3.   SRI. S.H. MANJAPPA
     S/O HANUMANTHAPPA,
     AGED ABOUT 62 YEARS,


     ALL ARE R/O V. SIDDARAHALLI,
     BILUVALA POST, KASABA HOBLI,
     KADUR TALUK, CHIKKAMAGALURU
     DISTRICT - 577 548.
                                         ...RESPONDENTS
(R1 - GANGAMMA, SERVED; R2 - SHANTHAMMA, SERVED)

      THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 08.10.2020
PASSED IN RA.NO.35/2017 ON THE FILE OF THE SENIOR CIVIL
JUDGE, KADUR,    DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED 01.09.2017 PASSED IN
OS.NO.354/2011 ON THE FILE OF THE IIND ADDITIONAL CIVIL
JUDGE AND JMFC, KADUR.

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

CORAM:    HON'BLE MR. JUSTICE V SRISHANANDA
                                   -3-
                                                 NC: 2025:KHC:30082
                                             RSA No. 1454 of 2021


HC-KAR



                         ORAL JUDGMENT

Sri. K.R. Lingaraju, learned counsel would submit that

despite best efforts, the appellants are not cooperating to take

appropriate steps in the respect of deceased respondent No.3.

Suit is one for partition and unless the legal

representatives of the deceased respondent No.3 has brought

on record, appeal would not be maintainable.

Accordingly, entire appeal is dismissed as abated.

Sd/-

(V SRISHANANDA) JUDGE

KA

CT: BHK