- 1 - NC: 2025:KHC:10161 RSA No. 295 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 295 OF 2014 (PAR) BETWEEN: 1. SRI. K.B. MAHADEVAIAH S/O BASAVAIAH, AGED ABOUT 79 YEARS, R/AT KAGGERE VILLAGE, DODDANARAVANGALA POST, TUMKUR TALUK - 572 101. 1(A) HARISH K.M., S/O. LATE K.B. MAHADEVAIAH, AGED ABOUT 51 YEARS, 1(B) JNANADEV K.M., S/O. LATE K.B. MAHADEVAIAH, AGED ABOUT 47 YEARS, BOTH ARE RESIDING AT KAGGERE VILLAGE, DODDANARAVANGALA POST, TUMKUR TALUK - 572 101. …APPELLANTS (BY SRI. SHANTHARAJ .K., ADVOCATE (ABSENT)) AND: 1. SMT. THIMMAKKA, W/O. RANGASWAMAIAH, AGED ABOUT 73 YEARS, R/AT AMRUTHAGIRI, KORA HOBLI, TUMKUR TALUK - 572 101. 2. T.K. RAJAGOPAL, S/O. LATE SRI KRISHNAIAH .P. AGE MAJOR, R/AT CHIKTHOTLUKERE Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:10161 RSA No. 295 of 2014 KORA HOBLI, TUMKUR TALUK - 572 101. 3. SMT. JAYAMMA W/O. T.K. BALAKRISHNAIAH, AGE MAJOR, R/AT THIRUMALAPALYA, CHIKTHOTLUKERE, KORA HOBLI, TUMKUR TALUK - 572 101 …RESPONDENTS (BY SRI. VIJAYA KUMARA, ADVOCATE FOR R1 (VK RETURNTED) R2 - DECEASED) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DTD 29.6.2011 PASSED IN R.A.NO.202/2010 ON THE FILE OF I ADDITIONAL DISTRICT JUDGE, TUMKUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DTD 20.3.2009 PASSED IN OS.NO.40/2001 ON THE FILE OF ADDITIONAL CIVIL JUDGE (SR.DN.) AND CJM, TUMKUR. THIS RSA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI ORAL JUDGMENT None appears. Perusal of order sheets of previous dates would indicate that learned counsel for appellants was absent on 18.02.2019, he did not do needful as per order dated 23.02.2024. He has also failed to do needful even after further time was granted as - 3 - NC: 2025:KHC:10161 RSA No. 295 of 2014 per order dated 04.03.2025. This would indicate that appellants are not diligently pursing appeal. Hence, appeal is dismissed for non-prosecution. Sd/- (RAVI V HOSMANI) JUDGE SPV List No.: 1 Sl No.: 21