SMT SHARADAMMA W/O LATE SHARANAPPA v. SMT SHIVALINGAMMA
RSA/614/2009 · 2026-02-11
Jyoti M
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12364 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12364 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:8306 RSA No. 614 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M REGULAR SECOND APPEAL NO. 614 OF 2009 (DEC/INJ) BETWEEN:
SMT SHARADAMMA W/O LATE SHARANAPPA, AGED ABOUT 48 YEARS, AGRICULTURIST RESIDENT OF DODDALAGHATTA, CHITRADURGA TALUK, CHITRADURGA DISTRICT-577501. …APPELLANT (BY SRI. A V GANGADHARAPPA, ADVOCATE - ABSENT)
AND:
1. SMT SHIVALINGAMMA W/O LATE SIDDAPPA SINCE DECEASED REPRESENTED BY HIS LRS
1(A) SMT. GOWRAMMA W/O. RANGAPPA, AGED ABOUT 55 YEARS, AGRICULTURIST, RESIDENT OF DODDA HALAGHATTA, CHITRADURGA TALUK AND DISTRICT. 1(B) SMT. LAKKAMMA W/O. SHIVAMURTHEPPA, AGED ABOUT 48 YEARS, AGRICULTURIST, RESIDENT OF HULIHALU (P.O.) CHITRADURGA TALUK AND DISTRICT. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:8306 RSA No. 614 of 2009
1(C) SMT. PARVATHAMMA W/O RUDRAPPA, AGED ABOUT 45 YEARS, AGRICULTURIST, RESIDENT OF GODABANAHALU (P.O.) CHITRADURGA TALUK AND DISTRICT. 1(D) SMT. AMBUJAMMA W/O. LATE PARAMESHWARAPPA, AGED ABOUT 43 YEARS, AGRICULTURIST, RESIDENT OF HALAGHATTA, DODDAHALAGHATTA (P.O.) CHITRADURGA TALUK AND DISTRICT. (AMENDED CAUSE TITLE AS PER COURT ORDER DATED 05.01.2015)
2. ESHWARAPPA S/O LATE SIDDAPPA AGED ABOUT 54 YEARS, RESIDENT OF DODDALAGHATTA, CHITRADURGA TALUK, CHITRADURGA DISTRICT-577501. …RESPONDENTS (BY SRI. B.M.SIDDAPPA, ADVOCATE FOR SRI. HARISH N.R., ADVOCATE FOR R1(B), R1(C), R1(D) AND R2;
R1(A) SERVED AND UNREPRESENTED)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR SECOND APPEAL IS LISTED FOR FINAL HEARING, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER:
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HC-KAR NC: 2026:KHC:8306 RSA No. 614 of 2009
ORAL ORDER Though matter called twice, there is no representation on behalf of the appellant, either personally or through video conferencing. As could be seen from the daily order sheet, the appeal was listed on 28.01.2026, on that day, there was no representation on behalf of the appellant. Hence, for appearance of counsel for the appellant it was ordered to be listed on 11.02.2026 and it was also made clear that if none appears for the appellant on the next date of hearing, the appeal would be dismissed for non-prosecution. The appeal is listed today. A perusal of the appeal papers would reflect that the appeal is filed in 2009. Now we are in
2026. The appeal is pending for seventeen years.
As already noted above, though matter called twice, there is no representation on behalf of the appellant, either personally or through video conferencing. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. - 4 -
HC-KAR NC: 2026:KHC:8306 RSA No. 614 of 2009
Because of dismissal of the appeal, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. SD/- (JYOTI M) JUDGE
MRP List No.: 2 Sl No.: 2