Sri Shivalingaiah vs Mr.C.Karegowda
2025 Latest Caselaw 8409 Kant

Karnataka High Court

Sri Shivalingaiah vs Mr.C.Karegowda on 15 September, 2025

Author: V Srishananda

Bench: V Srishananda

                                            -1-
                                                        NC: 2025:KHC:36545
                                                      RSA No. 1393 of 2022


               HC-KAR



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 15TH DAY OF SEPTEMBER, 2025
                                           BEFORE
                         THE HON'BLE MR. JUSTICE V SRISHANANDA
                     REGULAR SECOND APPEAL NO. 1393 OF 2022 (INJ)
              BETWEEN:

              1.   SRI SHIVALINGAIAH
                   S/O LATE HATTI THIMMAIAH
                   AGED ABOUT 43 YEARS.

              2.   SRI THIPPESWAMY @ THIPPAIAH
                   S/O LATE HATTI THIMMAIAH
                   AGED ABOUT 42 YEARS.

              3.   SMT. MANJULA
                   W/O THIPPESWAMY @ THIPPAIAH,
                   S/O LATE HATTI THIMMAIAH
                   AGED ABOUT 46 YEARS.

                   ALL ARE RESIDING AT KALLENAHALLI
                   VILLAGE, HULIYAR HOBLI,
                   C.N. HALLI TALUK
                   TUMKUR DISTRICT - 572 216.
                                                              ...APPELLANTS
Digitally     (BY SRI K. VEERESHA, ADV.)
signed by
NANDINI M S
Location:
              AND:
HIGH COURT
OF
KARNATAKA     MR. C. KAREGOWDA
              S/O CHIKKANNA
              AGED ABOUT 70 YEARS
              R/AT KALLENAHALLI VILLAGE
              HULIYAR HOBLI, C.N. HALLI TALUK
              TUMKUR DISTRICT - 572 216.
                                                             ...RESPONDENT
              (BY SRI VINAYA KEERTHY M, ADV.)
                   THIS RSA IS FILED UNDER SECTION 96 OF CPC AGAINST THE
              JUDGMENT AND DECREE DATED 15.07.2022 PASSED IN
              RA.No.14/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
              JMFC, CHIKKANAYAKANAHALLI, DISMISSING THE APPEAL AND
                                  -2-
                                              NC: 2025:KHC:36545
                                           RSA No. 1393 of 2022


 HC-KAR



CONFIRMING THE JUDGMENT AND DECREE DATED 23.10.2020
PASSED IN OS No.340/2011 ON THE FILE OF THE ADDITIONAL CIVIL
JUDGE AND JMFC, CHIKKANAYAKANAHALLI.

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

CORAM:        HON'BLE MR. JUSTICE V SRISHANANDA


                          ORAL JUDGMENT

None appears for the appellants. Learned counsel for the

respondent is present.

2. Even on 28.08.2025 counsel for the appellants was

absent. Appeal is of the year 2022 filed by the defendants

against decree of permanent and mandatory injunction.

3. Taking note of the fact that two Courts have

concurrently held that plaintiff is entitled for injunction, appeal

stands dismissed for non-prosecution.

Sd/-

(V SRISHANANDA) JUDGE

NMS