- 1 - NC: 2025:KHC:9330 RSA No. 215 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 215 OF 2015 (DEC) BETWEEN: 1(a). SRI. LATE. SIDDHAIAH, S/O ENTANI SIDDHAIAH, DIED BY HIS LEGAL HEARS HALLURAIAH S/O LATE SIDDHAIAH AGED ABOUT 57 YEARS, RESIDING AT THIGALARAPALYA VILLAGE, YEDIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT.-572130. 1(b). GURUVAIAH S/O LATE SIDDHAIAH, AGED ABOUT 55 YEARS, RESIDING AT THIGALARAPALYA VILLAGE, YEDIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT.-572130. 1(c). SRI NAGARAJU S/O LATE SIDDHAIAH, AGED ABOUT 43 YEARS, RESIDING AT THIGALARAPALYA VILLAGE, YEDIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT.-572130. 1(d). PRAKESH Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - NC: 2025:KHC:9330 RSA No. 215 of 2015 S/O LATE SIDDHAIAH AGED ABOUT 41 YEARS, RESIDING AT THIGALARAPALYA VILLAGE, YEDIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT.-572130. …APPELLANTS (BY SMT. BRUNDA VERMA, ADV.-ABSENT.) AND: 1(a). THIMMAIAH @ MUDDAIA, DIED BY HIS LEGAL HEARS NANJAMMA, W/O LATE THIMMAIAH @ MUDDAIAH, AGED ABOUT 79 YEARS, 1(b). M. T. THIMMEGOWDA S/O LATE THIMMAIAH @ MUDDAIAH, AGED ABOUT 65 YEARS, 1(c). THIRUMALEGOWDA, S/O LATE THIMMAIAH @ MUDDAIAH, AGED ABOUT 50 YEARS, 1(d). DODATHAYAMMA, W/O RAMAIAH, AGED ABOUT 56 YEARS, 1(e). SANNAMMA W/O NARAYANA, AGED ABOUT 55 YEARS, 1(f). THIMMAMMA, W/O VENKATESH, AGED ABOUT 55 YEARS, RESPONDENT NO.1(a) TO 1(f) ARE RESIDENTS OF MANGALA VILLAGE, YEDIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572130. 2. NANJAMMA, - 3 - NC: 2025:KHC:9330 RSA No. 215 of 2015 W/O THIMMAIAH, AGED ABOUT 60 YEARS, R/AT MANGALA VILLAGE, YADIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572130. 3. SMT. SIDDAMMA W/O CHANNAGIRIAIAH AGED ABOUT 65 YEARS, R/AT TORAHALLI PALYA GRAMA, MAYASANDRA HOBLI, TURUVEKERE TALUK, TUMKUR - 572221. 4. SMT. PARAVATHAMMA D/O VENKATAPPA AGED ABOUT 50 YEARS, R/AT TORAHALLI PALYA GRAMA, MAYASANDRA HOBLI, TURUVEKERE TALUK, TUMKUR - 572221. 5. SMT. LAKSHAMMA W/O LATE. MUNIVENKATAPPA AGED ABOUT 35 YEARS, R/AT GADDEHALLI, C.S.PURA HOBLI, GUBBI TALUK, TUMAKUR-572216. 6. SMT. LAKKAMMA W/O VENKATESH AGED ABOUT 33 YEARS, R/AT HERUR GRAMA, KASABA HOBLI, KUNIGAL TALUK, TUMAKUR-572130. 7. SRI. GURUVAIAH S/O LATE. SIDDAIAH AGED ABOUT 45 YEARS, - 4 - NC: 2025:KHC:9330 RSA No. 215 of 2015 TIGULARAPALYA, MANGALA GRAMA, DAKLLE YADIYURU HOBALI, KUNIGAL TALUK, TUMAKURU-572130. …RESPONDENTS (BY SRI. V.R. BALARAJ, ADV. FOR R1(a & b), R2,R3 & R7 ARE SERVED AND UNREPRESENTED, VIDE ORDER DATED 24/08/2023 APPEAL AGAINST R1(d-f),R4,R5 & R6 IS DISMISSED.) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.09.2014 PASSED IN RA NO.7/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., KUNIGAL, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11.12.2009 PASSED IN OS NO.249/2002 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) AND JMFC., KUNIGAL. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI ORAL JUDGMENT As per postal shara, respondent No.1(c) is reported to be dead in 2019. Till date, steps are not taken. Hence, appeal is dismissed as abated against said respondent for not taking steps. 2. It is seen that this Court vide order dated 24.08.2023, dismissed the appeal as against respondent Nos.1(d) to 1(f), 4, 5 and 6. Since it is submitted that this is plaintiff's suit for declaration of title and possession, appeal would not survive against others for taking steps. - 5 - NC: 2025:KHC:9330 RSA No. 215 of 2015 In view of above, appeal is dismissed and does not survive for consideration. Sd/- (RAVI V HOSMANI) JUDGE SSD List No.: 1 Sl No.: 12