- 1 - HC-KAR NC: 2025:KHC:22392 RSA No. 330 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.330 OF 2021 (PAR) BETWEEN: 1. SHANKARANARAYANA ACHARYA S/O LATE VASUDEVA ACHARYA AGED ABOUT 59 YEARS RESIDING AT BIKARNAKATTE KALAI KANDETTU, KULASHEKHARA POST MANGALURU-575 005. …APPELLANT (BY SRI. MAPRID BASTYAV DIAS, ADVOCATE - ABSENT) AND: 1. RAMACHANDRA ACHARYA SINCE DEAD BY LRS. HEMALATHA ACHARYA AGED ABOUT 59 YEARS 2. RAHUL R. ACHARYA AGED ABOUT 36 YEARS 3. NIKHIL R. ACHARYA AGED ABOUT 26 YEARS NO.1 IS THE WIFE AND 2 AND 3 ARE THE CHILDREN OF LATE RAMACHANDRA ACHARYA 4. VISHWANATHA ACHARYA AGED ABOUT 65 YEARS S/O LATE RAMACHANDRA ACHARYA ALL ARE R/AT BIKARNAKATE KALAI Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22392 RSA No. 330 of 2021 KANDETTU, KULSHEKHARA POST MANGALURU-575 005. 5. PUSHPAVATHY ACHARYA @ SANCHYA L. ACHARYA AGED ABOUT 55 YEARS D/O LATE VASUDEVA ACHARYA W/O MR. LAXMANA ACHARYA R/AT ARCHANA ARCADE, 8TH FLOOR KUNJIBETTU, UDUPI-576 101. 6. SEVANTHI JAGADISH AGED ABOUT 47 YEARS, 7. JAYARAJ AGED ABOUT 26 YEARS 8. JAYALAXMI AGED ABOUT 22 YEARS NO.6 IS THE WIFE AND 7 AND 8 ARE THE CHILDREN OF LATE JAGADISH ACHARYA ALL ARE R/AT JAYARAJ NIVAS HOSABETTU POST, SHEDIGURI MOODIBDRE TALUK-574 227. 9. VENKATESHA ACHARYA AGED ABOUT 47 YEARS 10. GOPALAKRISHNA ACHARYA AGED ABOUT 49 YEARS NO.9 AND 10 RESIDING AT BIKARNAKATTE, KALAI, KANDETTU KULASHEKHARA POST MANGALURU-575 005. …RESPONDENTS (BY SRI. K. RAVISHANKAR, ADVOCATE FOR C/R4) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.08.2020 PASSED IN R.A.NO.41/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, D.K. MANGALURU, DISMISSING - 3 - HC-KAR NC: 2025:KHC:22392 RSA No. 330 of 2021 THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 31.07.2018 PASSED IN O.S.NO.322/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, D.K. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Learned counsel for the appellant is absent. On the previous occasion on 12.06.2025 also, he was absent. This Court, in the ends of justice, granted one more opportunity and also made it clear that, if learned counsel for the appellant does not appear on the next date of hearing, the appeal will be dismissed. Inspite of the said order, learned counsel for the appellant is not pursuing the matter with diligence. 2. On perusal of the records also, there is a concurrent finding and Trial Court granted 1/7th share and the same is confirmed in the appeal by the First Appellate Court. Accordingly, the appeal is dismissed for non-prosecution. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 30