Karnataka High Court
Motaiah vs Smt. Gowramma on 9 July, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
-1-
NC: 2025:KHC:24978
RSA No. 1814 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.1814 OF 2021 (PAR)
BETWEEN:
1. MOTAIAH
S/O. KARIYAIAH,
AGED ABOUT 56 YEARS,
R/O. THUDUKUR,
ALDUR HOBLI AND POST,
CHIKKAMAGALURU TALUK & DISTRICT-577 111.
2. RAMAIAH
S/O. KARIYAIAH,
AGED ABOUT 56 YEARS,
R/O. THUDUKUR,
Digitally signed ALDUR HOBLI AND POST,
by DEVIKA M
CHIKKAMAGALURU TALUK & DISTRICT-577 111.
Location: HIGH
COURT OF
KARNATAKA 3. CHALUVAIAH
S/O. KARIYAIAH,
AGED ABOUT 56 YEARS,
R/O. THUDUKUR,
ALDUR HOBLI AND POST,
CHIKKAMAGALURU TALUK & DISTRICT-577 111.
4. CHANDRAIAH
S/O. KARIYAIAH,
AGED ABOUT 56 YEARS,
R/O. THUDUKUR,
-2-
NC: 2025:KHC:24978
RSA No. 1814 of 2021
HC-KAR
ALDUR HOBLI AND POST,
CHIKKAMAGALURU TALUK & DISTRICT-577 111.
5. MANJULA
S/O. KARIYAIAH,
AGED ABOUT 56 YEARS,
R/O. THUDUKUR,
ALDUR HOBLI, AND POST,
CHIKKAMAGALURU TALUK & DISTRICT-577 111.
...APPELLANTS
(BY SRI. SHOWRI H R, ADVOCATE [ABSENT])
AND:
1. SMT. GOWRAMMA
W/O. LATE PUTTAIAH,
AGED ABOUT 71 YEARS,
R/O. THUDUKUR,
ALDUR HOBLI AND POST,
CHIKKAMAGALURU TALUK & DISTRICT-577 111.
2. PUTTASWAMY
S/O. LATE PUTTAIAH,
AGED ABOUT 50 YEARS,
R/O. THUDUKUR,
ALDUR HOBLI AND POST,
CHIKKAMAGALURU TALUK & DISTRICT-577 111.
3. MAHESHA
S/O. LATE PUTTAIAH,
AGED ABOUT 47 YEARS,
R/O. THUDUKUR,
ALDUR HOBLI AND POST,
CHIKKAMAGALURU TALUK & DISTRICT-577 111.
-3-
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RSA No. 1814 of 2021
HC-KAR
4. YOGESHA
S/O. LATE PUTTAIAH,
AGED ABOUT 44 YEARS,
R/O. THUDUKUR,
ALDUR HOBLI AND POST,
CHIKKAMAGALURU TALUK & DISTRICT-577 111.
5. KENCHAIAH
S/O. LATE KARIYAIAH,
AGED ABOUT 65 YEARS,
R/O. THUDUKUR,
ALDUR HOBLI AND POST,
CHIKKAMAGALURU TALUK & DISTRICT-577 111.
6. SMT. DHARMAMMA
D/O. LATE BYRAIAH,
AGED ABOUT 50 YEARS,
R/O. THUDUKUR,
ALDUR HOBLI AND POST,
CHIKKAMAGALURU TALUK & DISTRICT-577 111.
7. SMT. HOOVAMMA
D/O. LATE BYRAIAH,
AGED ABOUT 46 YEARS,
R/O. THUDUKUR,
ALDUR HOBLI AND POST,
CHIKKAMAGALURU TALUK & DISTRICT-577 111.
8. SMT. NEELAMMA
D/O. LATE BYRAIAH,
AGED ABOUT 43 YEARS,
R/O. THUDUKUR,
ALDUR HOBLI AND POST,
CHIKKAMAGALURU TALUK & DISTRICT-577 111.
9. SMT. GANGAMMA
D/O. LATE BYRAIAH,
-4-
NC: 2025:KHC:24978
RSA No. 1814 of 2021
HC-KAR
AGED ABOUT 39 YEARS,
R/O. THUDUKUR,
ALDUR HOBLI AND POST,
CHIKKAMAGALURU TALUK & DISTRICT-577 111.
...RESPONDENTS
THIS RSA IS FIELD UNDER ORDER XLI RULE 1 R/W
SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 17.08.2019 PASSED IN R.A.NO.90/2014 ON THE
FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS
JUDGE, CHIKKAMAGALURU AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL JUDGMENT
On 27.06.2025, the learned counsel for the
appellants submits that FDP was disposed of in the year
2015 itself and regular appeal was also disposed of in the
year 2019 and seeks time to submit with regard to
whether this appeal is survives for consideration or not.
2. Inspite of time was taken to submit regarding
whether this appeal is survives for consideration or not,
NC: 2025:KHC:24978
HC-KAR
today, the counsel for the appellants is not present. In
view of the submission of the counsel for the appellants on
the previous occasion that FDP was disposed of in the year
2015 itself and regular appeal was also disposed of in the
year 2019, this second appeal does not survives for
consideration. Accordingly, this appeal is dismissed as not
survive.
Sd/-
(H.P.SANDESH)
JUDGE
SN
