- 1 - NC: 2024:KHC:25734 RSA No. 1769 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 1769 OF 2021 (PAR/DEC) BETWEEN: 1. SRI. RACHAPPAJI S/O LATE GANDHI SIDDAIAH, AGED ABOUT 60 YEARS, R/AT 153, 1ST CROSS, TELECOM COLONY, A BLOCK, OLD JALAPURI MAHADEVAPURA ROAD, MYSORE-19. 2. SRI JAI SHANKAR S/O LATE GANDHI SIDDIAH, AGED ABOUT 32 YEARS, R/AT HUNSUR VILLAGE, T. NARASIPURA TALUK, MYSORE DISTRICT-571124 …APPELLANTS (BY SRI. SRIKANTH B., ADVOCATE [ABSENT]) AND: 1. RAJESHWARI D/O LATE GANDHI SIDDIAH, AGED ABOUT 46 YEARS, DEAL STAND ESTATE, SOLAR OOTY (NEELGIRI), TAMILNADU-643001 Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:25734 RSA No. 1769 of 2021 2. SRI G.SATISH S/O LATE GANDHI SIDDIAH, AGED ABOUT 43 YEARS, AGRICULTURIST, HUNSUR VILLAGE, T. NARASIPURA-571124 3. SMT. KOWSALYA W/O S,C. ANAND, AGED ABOUT 57 YEARS, R/AT T.NARASIPURA, MYSORE DISTRICT-571124 4. SRI MAHADEVAIAH S/O M. MADAIAH, AGED ABOUT 46 YEARS, R/AT NEELASOGE VILLAGE, MUGURU HOBLI, T. NARASIPURA, MYSORE DISTRICT-571124 5. LIJAZ PASHA S/O ANWAR PASHA SINCE DECEASED BY LRS SHENAJ BANU, W/O LATE LIAZ PASHA, AGED ABOUT 36 YEARS 6. CHANDINI D/O LATE LIAZ PASHA, AGED ABOUT 17 YEARS 7. NADEEM PASHA S/O LATE LIAZ PASHA, AGED ABOUT 15 YEARS 8. HEENA KOUSAR D/O LATE LIAZ PASHA, AGED ABOUT 11 YEARS - 3 - NC: 2024:KHC:25734 RSA No. 1769 of 2021 9. D. PASHA S/O LATE LIAZ PASHA, AGED ABOUT 9 YEARS 10. SUFIYA KOUSAR D/O LATE LIAZ PASHA, AGED ABOUT 10 YEARS RESPONDENTS NO.5 TO 10 ARE RESIDING GARGESHWARI VILLAGE T.NARASIPURA TALUK MYSORE-571124. AND SINCE THE RESPONDENTS NO.6 TO 10 ARE MINORS, REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER SHENAJ BANU/THE RESPONDENT NO.5. 11. G.G. SRINIVAS S/O LATE L.G. GUNTER, AGED ABOUT 41 YEARS, R/AT TRIVENINAGAR, T. NARASIPURA-571124 12. ASHWATH NARAYANA B M S/O LATE MUNILAKSHMAIAH SETTY, R/AT 754, MUNICIPAL ROAD, T.NARASIPURA-571124 13. VASUDEV S/O KENDEGOWDA, AGED ABOUT 66 YEARS, R/AT BYRAPURA VILLAGE, KASABA HOBLI, T.NARASIPURA TALUK, MYSURU DISTRICT-571124 14. SURYA S/O LATE MANJULA, AGED ABOUT 25 YEARS, R/AT HUNSUR GRAMA, - 4 - NC: 2024:KHC:25734 RSA No. 1769 of 2021 KIRAGSUR POST, T. NARASIPURA TALUK, MYSURU DISTRICT-571124 15. S. SUNIDI D/O LATE GANDHI SIDDIAH, AGED ABOUT 24 YEARS, RESIDING AT D.NO 153, JAYAPURA GRAMA, HOSABADAVANE BYRAPURA, PANCHYATH, T.NARASIPURA TALUK, MYSURU DISTRICT-571124 16. S. SHYAMILI D/O LATE MANJULA, AGED AOUT 26 YEARS, CHIKKAYYANAHCHATRA HOBLI, HADINARU GRAMA, NAJANGUD TQ, MYSORE DISTRICT-57301 17. SRI H.S. SIDDARAJU S/O LATE GANDHI SIDDIAH, AGED ABOUT 66 YEARS, WATCHMEN, SILK FACTORY, T.NARASIPURA, MYSURU DISTRICT-571124 18. SRI ANAND KRISHNA S/O LATE GANDHI SIDDIAH, AGED ABOUT 36 YEARS, R/AT HUNSUR VILLAGE, T NARASIPURA TALUK, MYSURU DISTRICT-571124 19. GAYATHRI D/O LATE GANDHI SIDDIAH, AGED ABOUT 51 YEARS, R/AT 4TH CROSS, KILASAPURA, MANDI MOHALLA, MYSORE-570001 20. JYOTHI AMMA D/O LATE GANDHI SIDDIAH, AGED ABOUT 34 YEARS, - 5 - NC: 2024:KHC:25734 RSA No. 1769 of 2021 R/AT NO.4080, 1ST CROSS, GANDHI NAGAR, MYSORE-570001 …RESPONDENTS THIS RSA FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.01.2020 PASSED IN R.A.NO.21/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11.12.2018 PASSED IN O.S.NO.25/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, T.NARASIPURA.TRIAL COURT PARTLY DECREED THE SUIT. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT The learned counsel for the appellant is absent. Even inspite of cost has been imposed by this Court, the counsel has not paid the cost and not comply the office objections. Hence, the appeal is dismissed for non-payment of cost and for non-compliance of office objections. In view of dismissal of the appeal, I.As., if any do not survive for consideration, the same stands disposed of. Sd/- JUDGE RHS List No.: 1 Sl No.: 46