M S Shivaramegowda vs Akkayamma
2025 Latest Caselaw 11264 Kant

Karnataka High Court

M S Shivaramegowda vs Akkayamma on 12 December, 2025

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                               -1-
                                                           NC: 2025:KHC:52826
                                                        RSA No. 1684 of 2023


                   HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 12TH DAY OF DECEMBER, 2025

                                            BEFORE

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

                        REGULAR SECOND APPEAL NO.1684 OF 2023 (PAR)

                   BETWEEN:

                   1.    M.S. SHIVARAMEGOWDA
                         S/O LATE SIDDEGOWDA
                         AGED ABOUT 59 YEARS
                         R/O MAYAGONDANAHALLI VILLAGE
                         KASABA HOBLI
                         NAGAMANGALA TALUK
                         MANDYA DISTRICT-571 802.
                                                                 ...APPELLANT

                              (BY SRI. VIKAS M., ADVOCATE [ABSENT])
                   AND:

                   1.    AKKAYAMMA
                         D/O LATE SIDDEGOWDA
Digitally signed         AGED ABOUT 61 YEARS
by DEVIKA M
Location: HIGH
COURT OF           2.    PARVATHAMMA M.S.,
KARNATAKA                D/O LATE SIDDEGOWDA
                         AGED ABOUT 49 YEARS

                         CHIKKAMMA
                         W/O LATE SIDDEGOWDA
                         SINCE DEAD

                         ALL ARE R/AT MULLUKATTE ROAD
                         T.B.EXTENSION, NAGAMANGALA
                         MANDYA DISTRIC-571 432.
                                                              ...RESPONDENTS
                                 -2-
                                               NC: 2025:KHC:52826
                                            RSA No. 1684 of 2023


HC-KAR




      THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 02.02.2023
PASSED IN R.A.NO.33/2014 ON THE FILE OF SENIOR CIVIL
JUDGE AND JMFC, NAGAMANGALA., ALLOWING THE APPEAL
AND MODIFYING THE JUDGMENT AND DECREE DATED
21.10.2014 PASSED IN O.S.NO.102/2008 ON THE FILE OF
CIVIL JUDGE AND JMFC, NAGAMANGALA.

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

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

                         ORAL JUDGMENT

This Court vide order dated 26.11.2025 made an

observation that this matter is called twice in the morning

session and also at 5.10 p.m., there is no representation and

also further observed that if counsel does not appear on the

next date of hearing, appeal will be dismissed. Today also,

learned counsel for the appellant is absent, no representation.

2. Hence, in view of the order dated 26.11.2025, the

appeal is dismissed for non-prosecution. In view of dismissal of

the appeal, I.A.No.1/2023 for condonation of delay is also

dismissed.

Sd/-

(H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 33