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2026 DAILYLAW 34695 (KAR)

ANDANAPPA PASHUPATHIHAL v. SRI NAGAPPA

RSA/1630/2013 · 2026-07-27

Ashok S Kinagi

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010525172013 NC: 2026:KHC:39576 RSA No. 1630 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1630 OF 2013 (SP) BETWEEN: ANDANAPPA PASHUPATHIHAL S/O SOMAPPA, AGED ABOUT 44 YEARS, RESIDING AT NO.19,, 6TH A CROSS, 20TH MAIN, BTM LAYOUT, I PHASE, BANGALORE-29. …APPELLANT (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. SRI. NAGAPPA AGED ABOUT 64 YEARS, R/O MUTHUGADAPALYA, KAGGALAHALLI, HAROHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA - 571 511. 2. SMT. SUSHMA JAIN W/O SATHISH JAIN, AGED ABOUT 50 YEARS, R/O NO.26, TULI SADAN, 16TH CROSS, J P NAGAR 5TH PHASE, BANGALORE - 78. 3. MOHD RASOOL A @ MUJEEB PASHA S/O LATE AMEER JAAN, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010525172013 NC: 2026:KHC:39576 RSA No. 1630 of 2013 AGED ABOUT 37 YEARS, R/O NO.62, SY.NO.345/2 BEGUR VILLAGE, BEGUR HOBLI, BANGALORE SOUTH – 560 003. …RESPONDENTS (BY SRI. VIVEK HOLLA, ADVOCATE FOR R3; R2, R1(D), R1(E) ARE SERVED) THIS RSA IS FILED U/S. 100 OF CPC PRAYING TO A).CALL FOR THE RECORDS IN O.S.NO.213/2004 ON THE FILE OF THE LEARNED PRL. CIVIL JUDGE (SR.DN) RAMANAGARA, AND IN R.A.23/2011 ON THE FILE OF THE II ADDL DISTRICT & SESSIONS JUDGE, RAMANAGARA, SITTING AT KANAKAPURA, (B).ALLOW THIS AND APPEAL SET-ASIDE THE JUDGMENT AND DECREE DATED 18.12.2010 PASSED BY THE LEARNED CIVIL JUDGE (SR.DN) RAMANAGARA (TRIAL COURT) IN O.S. NO.213/2004 AND JUDGMENT DATED 10.07.2013 PASSED BY THE II ADDL DISTRICT & SESSIONS JUDGE, RAMANAGARA, SITTING AT KANAKAPURA, IN REGULAR APPEAL NO.23/2011 (C). GRANT SUCH OTHER AND FURTHER RELIEFS THAT THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT The sole appellant had passed away long back. Despite granting sufficient opportunity, the legal representatives of the deceased sole appellant did not come forward to file necessary application to come on record. Hence, the appeal is abated by operation of law. - 3 - HC-KAR CNR: KAHC010525172013 NC: 2026:KHC:39576 RSA No. 1630 of 2013 2. Accordingly, the appeal is dismissed as abated. 3. In view of dismissal of the appeal, pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 2 Sl No.: 13