- 1 - HC-KAR NC: 2025:KHC:20638-DB RFA No. 427 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 427 OF 2024 (PAR) BETWEEN: 1. SRI. GOVINDARAJU S/O LATE KENCHAPPA AGED ABOUT 46 YEARS 2. SRI. MAHADEVAIAH S/O LATE KENCHAPPA AGED ABOUT 45 YEARS 3. MUNIRATHNAMMA D/O LATE KENCHAPPA AGED ABOUT 42 YEARS 4. SRI. SHIVAKUMAR S/O LATE THIPPAIAH AGED ABOUT 43 YEARS 5. SRI. CHANDRA KUMAR S/O LATE THIPPAIAH AGED ABOUT 36 YEARS ALL THE APPELLANTS ARE R/AT. KELAGINAJUGANAHALLI VILLAGE SRI. SUBRAMANYAGHATI DODDABALLAPURA BENGALURU RURAL DISTRICT-561 203 …APPELLANTS (BY SRI. MURTHY NAYAK B.L., ADVOCATE) Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20638-DB RFA No. 427 of 2024 AND: 1. SMT. PADMA WIFE OF VENKATASWAMY AGED ABOUT YEARS R/AT. CHANNASANDRA VILLAGE BANASWADI POST KRISHNARAJAPURA HOBLI BENGALURU 2. SRI. VENKATARAYAPPA SON OF LATE KURALAPPA AGED ABOUT 75 YEARS 3. SRI. MADURAPPA SON OF VENKATARAYAPPA AGED ABOUT 50 YEARS 4. SRI. MUNIYAPPA SON OF VENKATARAYAPPA AGED ABOUT 46 YEARS 5. SRI. VENKATARAMANAPPA SON OF VENKATARAYAPPA AGED ABOUT 44 YEARS 6. SRI. RAMAIAH SON OF VENKATARAYAPPA AGED ABOUT 40 YEARS 7. SRI. GANGARAJU SON OF VENKATARAYAPPA AGED ABOUT 38 YEARS 8. SRI. THIPPAIAH SON OF LATE KURALAPPA AGED ABOUT 68 YEARS 9. SRI. VENKATARAVANAPPA SON OF LATE MADURAPPA AGED ABOUT 43 YEARS - 3 - HC-KAR NC: 2025:KHC:20638-DB RFA No. 427 of 2024 10. MANJULA D/O LATE MADURAPPA AGED ABOUT 36 YEARS RESPONDENTS No.2 TO 10 ARE R/AT. KELAGINAJUGANAHALLI VILLAGE SRI. SUBRAMANYAGHATI DODDABALLAPURA BENGALURU RURAL DISTRICT-561 203 11. SRI. SHESHAGIRI SON OF T.N. NARAYAN SHASTRI AGED ABOUT YEARS R/AT. SRI. SUBRAMANYAGHATI THUBAGERE HOBLI, DODDABALLAPURA BENGALURU RURAL DISTRICT-561 203 …RESPONDENTS (BY SRI. VISHWANATH SHENDGE, ADVOCATE FOR C/R1) THE RFA IS FILED UNDER SECTION 96 OF THE CODE CIVIL PROCEDURE, PRAYING THIS HON'BLE COURT TO (a) CALL FOR THE CONCERED RECORDS AND (b) TO SET ASIDE THE JUDGMENT AND ORDER DATED 29.01.2024 PASSED BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT DODDABALLAPURA IN OS No.958/2022 BY DISMISSING THE SUIT OF THE PLAINTIFFS BY ALLOWING THIS APPEAL ON GROUNDS OF JUSTICE AND EQUITY AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 4 - HC-KAR NC: 2025:KHC:20638-DB RFA No. 427 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) There is no appearance for the appellants. 2. The office objections are not complied with, in spite of repeated postings. In view of the order dated 13.09.2024, the appeal stands dismissed for non- prosecution. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE RAK List No.: 1 Sl No.: 55