Karnataka High Court
Sri.Gangadharayya Shiddayya ... vs Smt.Drakshayanavva W/O Kotrayya ... on 14 August, 2025
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NC: 2025:KHC-D:10281
RSA No. 5447 of 2009
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
REGULAR SECOND APPEAL NO. 5447 OF 2009 (DEC)
BETWEEN:
1. SRI. GANGADHARAYYA SHIDDAYYA ADAVIMATH
AGE: MAJOR, OCC: BUSINESS
R/O. MANGALWAR PETH, HUBBALLI,
DIST. DHARWAD,
REPRESENTED BY GPA HOLDER
SANGANBASAPPA SHIVASANGAPPA
SANGAMASHETTA @ BELLAD.
2. SMT. SHAKUNTALA D/O. SADASHIVAYYA HOLALAD
AGE: MAJOR, OCC: TEACHER,
R/O. HARIPUR, TQ: SHIRAHATTI.
3. JAYASHANKARAYYA S/O. PUTTAYYA HIREMATH
SINCE DECEASED BY LRS
3A) RENUKASWAMI JAUSHANKARAYYA HIREMATH,
AGE: MAJOR, OCC: PUJARI,
R/O HARIPUR, TQ: SHIRAHATTI,
Digitally signed by DIST. GADAG.
MALLIKARJUN
RUDRAYYA
KALMATH
...APPELLANTS
Location: HIGH
COURT OF
KARNATAKA (BY SRI. SUNIL S. DESAI, ADVOCATE)
DHARWAD BENCH
Date: 2025.08.16
10:23:40 +0530
AND:
1. SMT. DRAKSHAYANAVVA W/O. KPTRAYYA SAVANURMATH
AGE: MAJOR, OCC: HOUSEHOLD,
R/O. SHIRAHATTI, TQ. SHIRATTI, DIST. GADAG.
2. SMT. BHUVANESHWAR ADVEYYA PILAGIMATH
AGE: MAJOR, OCC: TEACHER
R/O. HIREGUNJAL,
TQ: KUNDAGOL,
THROUGH HER PA HOLDER
SRI. VEERUPAXAPPA VEERAPPA ANGADI
-2-
NC: 2025:KHC-D:10281
RSA No. 5447 of 2009
HC-KAR
AGE: MAJOR, LAXMESHWAR
TQ: SHIRAHATTI.
3. MAHANTAPPA ANDANAPPA WADDATI
SINCE DEAD BY LRS
3A) SMT. ANNAPURNAWWA MAHANTAPPA WADDATTI
AGE: MAJOR,
R/O. ANNIGERI, TQ: NAVALGUND,
DIST. GADAG.
4. SRI ANDANAPPA MAHANTAPPA WADDATTI
AGE: MAJOR, OCC: AGRICULTURE
R/O. ANNIGERI, TQ: NAVALGUND,
DIST. GADAG.
5. SMT. SAVITRI SHRIYALSHETTI ULLAGADDI
AGE: MAJOR, OCC: HOUSEHOLD WORK
R/O. ANNIGERI, TQ: NAVALGUND,
DIST. GADAG.
...RESPONDENTS
(BY SRI. V.G. BHAT, ADVOCATE FOR R1;
NOTICE SERVED TO R3(A) AND R4;
R6-DELETED;
R2-DECEASED)
THIS RSA IS FILED U/S. 100 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED: 13/7/2009 IN R.A.NO.11/2003 ON
THE FILE OF THE DISTRICT & SESSIONS JUDGE, GADAG,
DISMISSING THE APPEAL AGAINST JUDGMENT AND DECREE
DATED:21/3/2003 IN O.S.NO.108/1997 PASSED BY THE ADDL. CIVIL
JUDGE (SD), GADAG, PARTLY DECREEING THE SUIT FILED FOR
DECLARATION AS ABSOLUTE OWNER OF SUIT PROPERTY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:10281
RSA No. 5447 of 2009
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)
Case called out in open Court.
No representation on behalf of the appellants.
Learned counsel for respondent No.1 appeared
through video conferencing.
The plaintiff, Drakshayanavva W/o Kotrayya
Savanurmath, filed O.S.No.108/1997 seeking
declaration and possession, and the suit came to be
decreed in part.
Being aggrieved by the judgment and decree,
Gangaharayya Shiddayya Adavimath and others have
preferred this appeal. Despite sufficient opportunity
having been provided, the appellants have not taken
steps to bring on record the legal representatives of
deceased respondent No.2, though, appeal against
respondent No.2 stood abated on 12.08.2024. Even
today, no such steps have been taken.
NC: 2025:KHC-D:10281
HC-KAR
In the absence of bringing legal representatives
of respondent No.2, the appeal is not maintainable.
Hence, the appeal is dismissed for default and also
not taking steps to bring the legal representatives of
deceased respondent No.2.
Sd/-
(G BASAVARAJA)
JUDGE
AC
CT-CMU
