- 1 - NC: 2025:KHC:12233 RSA No. 348 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.348 OF 2013 (PAR) BETWEEN: 1. GURUMALLAPPA S/O LATE KOCHANAHALLI MADAPPA AGED ABOUT 75 YEARS 2. SHANKARAPPA S/O LATE KOCHANAHALLI MADAPPA AGED ABOUT 68 YEARS BOTH ARE RESIDING AT BOMMENAHALLI VILLAGE YELWALA HOBLI MYSORE TALUK MYSORE DISTRICT - 571130 …APPELLANTS (BY SRI. B ROOPESHA & SRI.SANDEEP M.K., ADVOCATES (ABSENT)) AND: 1. MALLESHA S/O LATE MADAPPA AGED ABOUT 46 YEARS R/AT BOMMENAHALLI VILLAGE YELWALA HOBLI MYSORE TALUK Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12233 RSA No. 348 of 2013 MYSORE DISTRICT PIN CODE - 571130 2. BASAMMA W/O LATE BASAPPA D/O LATE MADAPPA AGED ABOUT 75 YEARS R/AT KADANAHALLI VILLAGE BILIKERE HOBLI HUNSUR TLAUK MYSORE DSITRICT PIN CODE - 571105 3. MALLAMMA W/O MADAPPA D/O LATE MADAPPA AGED ABOUT 73 YEARS R/AT NAGAVALA VILLAGE YELWALA HOBLI MYSORE TALUK MYSORE DISTRICT PIN CODE - 571130 4. MALLANNA S/O LATE MADAPPA AGED ABOUT 71 YEARS 5. JAYAMMA W/O LATE BASAPPA D/O LATE MADAPPA AGED ABOUT 68 YEARS 6. RAJU S/O LATE MADAPPA AGED ABOUT 66 YEARS 7. MAHADEVA S/O LATE BASAA AGED ABOUT 40 YEARS - 3 - NC: 2025:KHC:12233 RSA No. 348 of 2013 RESPONDENT NOS.4 TO 7 ARE RESIDING AT BOMMENAHALLI VILLAGE YELWALA HOBLI MYSORE TALUK MYSORE DISRICT - 571130 …RESPONDENTS (BY SRI. C PRAKASH, ADVOCATE FOR R.5; R.1, R.4 AND R.6 ARE SERVED ON I.A.NO.1/15) THIS RSA IS FILED U/SEC.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 11.9.2012 PASSED IN R.A.NO.104/2012 ON THE FILE OF THE PRL. DISTRICT JUDGE, MYSORE, DISMISSING THE APPEAL FILED AGAINST THE JUDGEMENT AND DECREE DATED 2.1.2012 PASSED IN OS.NO.1829/2007 ON THE FILE OF THE III ADDL. SR. CIVIL JUDGE & CJM, MYSORE AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI ORAL JUDGMENT None appears for appellants. 2. Appeal is of the year 2013. On 16.07.2015, notice was ordered on main appeal as well as on application. Though process fee was paid, service was incomplete. Subsequently, on 30.01.2020 and 12.08.2021, time was granted to do needful. - 4 - NC: 2025:KHC:12233 RSA No. 348 of 2013 3. On 09.01.2024, finally, a week's time was granted with condition that in case of default, matter would be listed for dismissal for non-prosecution. Till today, process is not paid. This would indicate that appellants are not diligent in prosecuting appeal. Hence, appeal is dismissed for non- prosecution. Sd/- (RAVI V HOSMANI) JUDGE NBM List No.: 1 Sl No.: 13