Nirvani Siddalingappa vs Nellukudure Kotrappa
2025 Latest Caselaw 1763 Kant

Karnataka High Court

Nirvani Siddalingappa vs Nellukudure Kotrappa on 28 July, 2025

                                          -1-
                                                     NC: 2025:KHC:28886
                                                    RSA No. 265 of 2014


              HC-KAR




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 28TH DAY OF JULY, 2025
                                       BEFORE
                   THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                    REGULAR SECOND APPEAL NO. 265 OF 2014 (PAR)


              BETWEEN:

              1.     NIRVANI SIDDALINGAPPA
                     S/O LATE KOTRAPPA,
                     AGED ABOUT 80 YEARS,

              2.     KOTRAPPA
                     S/O NIRVANI SIDDALINGAPPA,
                     AGED ABOUT 56 YEARS,

              3.     VRUSHABENDRAPPA
                     S/O NIRVANI SIDDALINGAPPA,
                     AGED ABOUT 40 YEARS,

Digitally     4.     BASAVARAJA
signed by C          S/O NIRVANI SIDDALINGAPPA,
HONNUR               AGED ABOUT 36 YEARS,
SAB
Location:     5.     KUBHERAPPA
HIGH                 S/O NIRVANI SIDDALINGAPPA,
COURT OF             AGED ABOUT 34 YEARS,
KARNATAKA
                     APPELLANTS 1 TO 5 ARE
                     R/O BHAVIHALLI VILLAGE,
                     HARAPANAHALLI TALUK,
                     DAVANAGERE DISTRICT-583 131.

              6.     SMT. SARVAKKA
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                                     NC: 2025:KHC:28886
                                    RSA No. 265 of 2014


HC-KAR




     D/O NIRVANI SIDDALINGAPPA,
     W/O GUDIKERE HALAPPA,
     AGED ABOUT 60 YEARS,
     R/O CHIGATERI VILLAGE,
     HARAPANAHALLI TALUK,
     DAVANAGERE DISTRICT-583 131.

7.   SMT.PARVATHAMMA
     D/O NIRVANI SIDDALINGAPPA,
     W/O BHUJANGAPPA,
     AGED ABOUT 46 YEARS,
     R/O BAGALI VILLAGE,
     HARAPANAHALLI TALUK,
     DAVANAGERE DISTRICT-583131.

8.   SMT.BASAMMA
     D/O NIRVANI SIDDALINGAPPA,
     W/O MALLIKARJUNA,
     AGED ABOUT 46 YEARS,
     R/O BAGALI VILLAGE,
     HARAPANAHALLI TALUK,
     DAVANAGERE DISTRICT-583131.

9.   SMT. RATHNAMMA
     D/O NIRVANI SIDDALINGAPPA,
     W/O MUGAPPA,
     AGED ABOUT 41 YEARS,
     R/O KURUBARAHALLI VILLAGE,
     KUDLIGI TALUK,
     BELLARY DISTRICT.583135.

10. SMT. SHANTHAMMA
    D/O NIRVANI SIDDALINGAPPA,
    W/O MALLIKARJUNA,
    AGED ABOUT 38 YEARS,
    R/O CHIKKA UJJINI VILLAGE,
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                                      NC: 2025:KHC:28886
                                    RSA No. 265 of 2014


HC-KAR




     JAGALUR TALUK,
     DAVANAGERE DISTRICT-577528.

11. SMT.SUNANDAMMA
    D/O NIRVANI SIDDALINGAPPA,
    W/O KOTRAPPA,
    AGED ABOUT 35 YEARS,
    R/O DEVARA THIMALAPURA VILLAGE,
    HARAPANAHALLI TALUK,
    DAVANAGERE DISTRICT-583131.
                                           ...APPELLANTS
(BY SRI. VISHWAJITH RAI M., ADVOCATE FOR A1 &
A3 TO A11;
V/O DATED 29.11.2024 APPEAL IS DISMISSED AS ABATED
AGAINST A2)

AND:

1.   NELLUKUDURE KOTRAPPA
     S/O CHANNABASAPPA,
     AGED ABOUT 60 YEARS,

2.   NELLUKUDURE HALAPPA
     S/O PATREPPA,
     AGED ABOUT 63 YEARS,

3.   BASAPPA
     S/O CHANNAPPA,
     AGED ABOUT 40 YEARS,

     RESPONDENTS 1 TO 3 ARE
     R/O BHAVIHALLI VILLAGE,
     HARAPANAHALLI TALUK,
     DAVANAGERE DISTRICT.-583131.

4.   SMT. KOTRAMMA
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                                         NC: 2025:KHC:28886
                                        RSA No. 265 of 2014


HC-KAR




    D/O NIRVANI SIDDALINGAPPA,
    AGED ABOUT 50 YEARS,
    R/O RAMPURA VILLAGE,
    KUDLIGI TALUK,
    BELLARY DISTRICT-583135.
                                             ...RESPONDENTS
(BY SRI. R1 TO R3 ARE SERVED BUT UNREPRESENTED;
V/O DATED 04.01.2019, APPEAL AS AGAINST R4 SHALL STAND
DISMISSED)

     THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT     &   DECREE   DTD    12.12.2013    PASSED    IN
R.A.No.106/2010 ON THE FILE OF THE II ADDL. DISTRICT
JUDGE,   DAVANGERE,     DISMISSING     THE     APPEAL    AND
CONFIRMING THE JUDGEMENT AND DECREE DTD 30.10.2010
PASSED IN OS.NO.66/2009 ON THE FILE OF THE SENIOR CIVIL
JUDGE, HARAPANAHALLI.


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


CORAM:   HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE


                    ORAL JUDGMENT

Learned counsel for the appellants submits that

despite letter sent to the appellants there is no response

from the appellants and there is no instructions.

NC: 2025:KHC:28886

HC-KAR

2. It is also noticed that appeal against appellant

No.2 is dismissed as abated, this Court does not find any

reason to adjourn the matter which is already 10 years old

which is pending for admission.

3. The appeal is dismissed for non prosecution.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

CT:MND CHS