Karnataka High Court
Lalappa Died His Lrs And Ors vs Hanmanth S/O Bhimsha And Ors on 2 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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RSA No. 200151 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
REGULAR SECOND APPEAL NO. 200151 OF 2017 (DEC/INJ)
BETWEEN:
1. LALAPPA DIED HIS LRS
A. SONAMMABAI
W/O KALLAPPA,
AGE: 48 YEARS,
OCC: HOUSEHOLD AND AGRICULTURE,
R/O: VILLAGE EKLOOR,
TQ: BASAVAKALYAN - 585 401.
SARUBAI DIED MORE THAN 5-6 YEARS,
BACK NO. LRS BROUGHT ON RECORDS
BY RESPONDENT NO.1 AND 2 IN LOWER COURT.
Digitally
signed by 2. NAGAPPA
RENUKA S/O LALAPPA DIED HIS LRS,
Location:
HIGH COURT
OF a. RAJAPPA
KARNATAKA S/O NAGAPPA,
AGE: 25 YEARS,
OCC: AGRICULTURE,
R/O: VILLAGE HANMANTHWADI,
U/V: ERANDI,
TQ: BASAVAKALYAN - 585 401.
b. SMT. REKHA
D/O NAGAPPA,
W/O MALANG,
AGE: 23 YEARS,
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OCC: HOUSEHOLD AND AGRICULTURE,
R/O: VILLAGE GUNDOOR,
TQ: BASAVAKALYAN - 585 401.
3. DEVENDRA
S/O LALAPPA
AGE: 58 YEARS,
OCC: AGRICULTURE,
R/O: VILLAGE HANMANTHWADI
U/V: ERANDI TQ: BASAVAKALYAN - 585 401.
4. ARJUN
S/O LALAPPA
AGE: 54 YEARS,
OCC: AGRICULTURE,
R/O: VILLAGE HANMANTHWADI,
U/V: ERANDI TQ: BASAVAKALYAN - 585 401.
...APPELLANTS
(BY SRI SAGAR RAMACHENDAR, ADVOCATE)
AND:
1. HANMANTH S/O BHIMSHA,
AGE: 28 YEARS,
OCC: AGRICULTURE,
R/O: VILLAGE HANMANTHWADI,
U/V: ERANDI,
TQ: BASAVAKALYAN - 585 401.
2. SHARANAPPA S/O NARSAPPA
AGE: 68 YEARS,
OCC: AGRICULTURE,
R/O: VILLAGE HANMANTHWADI,
U/V: ERANDI,
TQ: BASAVAKALYAN - 585 401.
3. DASHARATH S/O SHIVAPPA
AGE: 63 YEARS,
OCC: AGRICULTURE,
R/O: VILLAGE HANMANTHWADI,
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U/V: ERANDI,
TQ: BASAVAKALYAN - 585 401.
4. KASHANNA
S/O SHIVAPPA,
AGE: 53 YEARS,
OCC: AGRICULTURE,
R/O: VILLAGE HANMANTHWADI,
U/V: ERANDI,
TQ: BASAVAKALYAN - 585 401.
5. RATNABAI
W/O GOVIND MANG,
AGE: 53 YEARS,
OCC: AGRICULTURE,
R/O: VILLAGE DASARWADI,
U/V: ROLA,
TQ: BASAVAKALYAN - 585 401.
DIST: BIDAR.
...RESPONDENTS
(BY SMT. NEEVA M.CHIMKOD, ADVOCATE FOR R1;
R2 AND R4 ARE SERVED,
APPEAL AS AGAINST R3 AND R5 ARE DISMISSED AS ABATED)
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CODE OF CIVIL PROCEDURE, PAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 01.12.2014
PASSED IN R.A.NO.55/2013 ON THE FILE OF THE COURT OF
DISTRICT JUDGE ADHOC AND PRESIDING OFFICER, FAST
TRACK COURT, BASAVAKALYAN, AND SET ASIDE THE
JUDGMENT AND DECREE DATED 01.04.2013 PASSED IN
O.S.NO.15/2008 ON THE FILE OF COURT SENIOR CIVIL JUDGE
AT BASAVAKALYAM, SET ASIDE THE JUDGMENTS AND
DECREES OF THE TRIAL COURT AS WELL AS APPELLATE COURT
AND ALLOW THE APPEAL FILED BY THE APPELLANTS AND ETC.
THIS REGULAR SECOND APPEAL, COMING ON FOR
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
ORAL JUDGMENT
Learned counsel for appellants is absent.
Learned counsel for respondent No.1 is present.
Learned counsel for appellants was also absent on
12.08.2025. On that day this Court has passed the
following order:
"Even learned counsel for the appellants
was absent on 06.06.2025, 16.06.2025 and
01.07.2025. The matter is of the year 2017.
There are no grounds to adjourn the matter.
However, in order to give one more opportunity,
the matter is adjourned as a last chance.
If the learned counsel for the appellants
does not appear on the next date of hearing,
the appeal will be dismissed for non-
prosecution."
In spite of above order of the previous date, learned
counsel for appellants is absent. Hence, it appears
NC: 2025:KHC-K:5054
HC-KAR
appellants are not interested in prosecuting the appeal.
Hence, the appeal is dismissed for non-prosecution.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
SDU
CT;VK
