Shivalingappa S/o Basappa Bendigeri vs Siddappa S/o Basappa Bendigeri — 4/2023

Case under U/o 9 Rule 13 of Cpc Section CPC. Disposed: Contested--DISMISSED on 26th March 2026.

Case disposed

Misc - CIVIL MISCELLANEOUS

CNR: KADW410001742023

Filing Number

4/2023

Filing Date

17-Jun-2023

Registration No

4/2023

Registration Date

20-Jun-2023

Court

SENIOR CIVIL JUDGE AND JMFC, KUNDGOL

Judge

1220-Senior CIVIL Judge And JMFC

Decision Date

26-Mar-2026

Nature of Disposal

Contested--DISMISSED

Last updated 21-Jun-2026

Acts & Sections

U/o 9 Rule 13 of Cpc Section CPC

Petitioner(s)

  1. 1.Shivalingappa S/o Basappa Bendigeri

    Adv. P S Udikeri

Respondent(s)

  1. 1.Siddappa S/o Basappa Bendigeri

  2. 2.Chandrakanth S/o Basappa Bendigeri

  3. 3.Smt Tirakavva W/o Fakkirappa Kankanwad(Legal Heir)

  4. 4.Smt Shivakka W/o Chikkappa Baddi

  5. 5.Shanta W/o Yallappa Kusugal

  6. 6.Mallikarjun S/o Yallappa Baddi

  7. 7.Maheshwari D/o Yallappa Baddi

  8. 8.Dyamanna S/o Yallappa Baddi

  9. 9.Shambulinga S/o Yallappa Baddi

  10. 10.Rashid Khan S/o Ameer Khan Airani

Case History

  1. Case disposedDisposed

  2. 26-Mar-2026

    OrdersView PDF

    Case Summary: Shivalingappa v. Siddappa & Others (Misc. 4/2023) Court's Decision: The court dismissed the petitioner's application to set aside the ex-parte final decree dated 17.04.2023 passed in FDP No.3/2019, rejecting his claim of improper service of summons. Key Reasoning: The court found that although summons were initially sent to an incorrect address (Siddarudha Nagar), the petitioner later received proper notice at his correct address (R.G. Meharwade building, Hubli) and appeared through counsel. Since the petitioner appeared in subsequent proceedings but failed to file objections to the commissioner's report within the stipulated time and provided no sufficient cause for his non-appearance, the court held he was not entitled to set aside the decree under Order 9 Rule 13 CPC. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 26-Mar-2026

    Disposed

    Senior CIVIL Judge And JMFC

  4. 18-Mar-2026

    Orders

    Senior CIVIL Judge And JMFC

  5. 04-Mar-2026

    Orders

    Senior CIVIL Judge And JMFC

  6. 21-Feb-2026

    Arguments

    Senior CIVIL Judge And JMFC

  7. 17-Feb-2026

    Arguments

    Senior CIVIL Judge And JMFC

  8. 04-Feb-2026

    Arguments

    Senior CIVIL Judge And JMFC

  9. 29-Jan-2026

    Arguments

    Senior CIVIL Judge And JMFC

  10. 23-Jan-2026

    Arguments

    Senior CIVIL Judge And JMFC

  11. 12-Jan-2026

    Arguments

    Senior CIVIL Judge And JMFC

  12. 06-Jan-2026

    Arguments

    Senior CIVIL Judge And JMFC

  13. 16-Dec-2025

    Arguments

    Senior CIVIL Judge And JMFC

  14. 09-Dec-2025

    DepositionView PDF

  15. 09-Dec-2025

    Evidence

    Senior CIVIL Judge And JMFC

  16. 28-Nov-2025

    DepositionView PDF

  17. 28-Nov-2025

    Evidence

    Senior CIVIL Judge And JMFC

  18. 27-Nov-2025

    Evidence

    Senior CIVIL Judge And JMFC

  19. 19-Nov-2025

    Evidence

    Senior CIVIL Judge And JMFC

  20. 04-Nov-2025

    Evidence

    Senior CIVIL Judge And JMFC

  21. 25-Oct-2025

    DepositionView PDF

  22. 25-Oct-2025

    Evidence

    Senior CIVIL Judge And JMFC

  23. 24-Sep-2025

    DepositionView PDF

  24. 24-Sep-2025

    Evidence

    Senior CIVIL Judge And JMFC

  25. 09-Sep-2025

    Evidence

    Senior CIVIL Judge And JMFC

  26. 20-Aug-2025

    Evidence

    Senior CIVIL Judge And JMFC

  27. 04-Aug-2025

    Evidence

    Senior CIVIL Judge And JMFC

  28. 22-Jul-2025

    DepositionView PDF

  29. 22-Jul-2025

    Evidence

    Senior CIVIL Judge And JMFC

  30. 02-Jul-2025

    Evidence

    Senior CIVIL Judge And JMFC

  31. 16-Jun-2025

    DepositionView PDF

  32. 16-Jun-2025

    Evidence

    Senior CIVIL Judge And JMFC

  33. 04-Jun-2025

    Evidence

    Senior CIVIL Judge And JMFC

  34. 09-Apr-2025

    DepositionView PDF

  35. 09-Apr-2025

    Evidence

    Senior CIVIL Judge And JMFC

  36. 25-Mar-2025

    Evidence

    Senior CIVIL Judge And JMFC

  37. 20-Mar-2025

    Evidence

    Senior CIVIL Judge And JMFC

  38. 10-Mar-2025

    DepositionView PDF

  39. 10-Mar-2025

    Evidence

    Senior CIVIL Judge And JMFC

  40. 06-Mar-2025

    Evidence

    Senior CIVIL Judge And JMFC

  41. 01-Mar-2025

    Objections

    Senior CIVIL Judge And JMFC

  42. 05-Feb-2025

    Objections

    Senior CIVIL Judge And JMFC

  43. 13-Jan-2025

    Objections

    Senior CIVIL Judge And JMFC

  44. 06-Dec-2024

    Notice

    Senior CIVIL Judge And JMFC

  45. 25-Nov-2024

    Notice

    Senior CIVIL Judge And JMFC

  46. 16-Oct-2024

    Notice

    Senior CIVIL Judge And JMFC

  47. 17-Sep-2024

    Notice

    Senior CIVIL Judge And JMFC

  48. 21-Aug-2024

    Objections

    Senior CIVIL Judge And JMFC

  49. 08-Jul-2024

    Objections

    Senior CIVIL Judge And JMFC

  50. 03-Jun-2024

    Notice

    Senior CIVIL Judge And JMFC

  51. 16-Mar-2024

    Notice

    Senior CIVIL Judge And JMFC

  52. 20-Jan-2024

    Notice

    Senior CIVIL Judge And JMFC

  53. 02-Dec-2023

    Notice

    Senior CIVIL Judge And JMFC

  54. 07-Oct-2023

    Notice

    Senior CIVIL Judge And JMFC

  55. 16-Aug-2023

    Notice

    Senior CIVIL Judge And JMFC

  56. 25-Jul-2023

    Notice

    Senior CIVIL Judge And JMFC

  57. 20-Jun-2023

    First hearing

    Initial hearing scheduled

  58. 17-Jun-2023

    Case filed

    Registration No. 4/2023

casestatus.in Summary

Case Summary: Shivalingappa v. Siddappa & Others (Misc. 4/2023) Court's Decision: The court dismissed the petitioner's application to set aside the ex-parte final decree dated 17.04.2023 passed in FDP No.3/2019, rejecting his claim of improper service of summons. Key Reasoning: The court found that although summons were initially sent to an incorrect address (Siddarudha Nagar), the petitioner later received proper notice at his correct address (R.G. Meharwade building, Hubli) and appeared through counsel. Since the petitioner appeared in subsequent proceedings but failed to file objections to the commissioner's report within the stipulated time and provided no sufficient cause for his non-appearance, the court held he was not entitled to set aside the decree under Order 9 Rule 13 CPC. This case analysis is maintained by casestatus.in based on publicly available court records.

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