- 1 - HC-KAR NC: 2025:KHC:18634 RFA No. 2205 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2205 OF 2017 (PAR) BETWEEN: 1. H.LOKESHAPPA S/O LATE HALADAPPA, AGED ABOUT 42 YEARS, R/O PALAVANAHALLI VILLAGE, CHATNALLI POST, HONALLI TALUK-577 217. 2. H.L.LOHITH S/O H.LOKESHAPPA, AGED ABOUT 23 YEARS, R/O PALAVANAHALLI VILLAGE, CHATNALLI POST, HONALLI TALUK-577 217. 3. SHARATH S/O LOKESHAPPA, AGED ABOUT 20 YEARS, R/O PALAVANAHALLI VILLAGE, CHATNALLI POST, HONALLI TALUK-577 217. …APPELLANTS (BY SRI. AMSHITH HEGDE H.S. & CHENNAPPA., ADVOCATES [ABSENT]) AND: 1. SMT. RATNAMMA W/O LATE MANJAPPA, AGED ABOUT 40 YEARS, R/O YALALAPPANAKERI, VIDHYANAGARA POST, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18634 RFA No. 2205 of 2017 SHIVAMOGGA CITY-577 203. 2. SMT. LAXMAMMA W/O LATE MUDLAPPA, AGED ABOUT 68 YEARS, R/AT DURGAMMANAKERE, VIDYANAGAR, SHIMOGA CITY-577 203. 3. SMT. SAVITHRAMMA W/O MANJAPPA, AGED ABOUT 53 YEARS, R/O PALAVANAHALLI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT-577 217. 4. SMT. SAROJA W/O RANGASWAMY, AGED ABOUT 44 YEARS, R/O DURGAMMA STREET, VIDHYANAGARA, SHIVAMOGGA-577 203. 5. BHARATHA S/O RANGASWAMY, AGED ABOUT 24 YEARS, R/O DURGAMMA STREET, VIDHYA NAGARA, SHIVAMOGGA CITY-577 203. 6. ROOPA D/O RANGASWAMY, AGED ABOUT 22 YEARS,, R/O DURGAMMA STREET, VIDHYA NAGARA, SHIVAMOGGA CITY-577 203. 7. RAKESHA S/O RANGASWAMY, AGED ABOUT 20 YEARS, R/O DURGAMMA STREET, VIDHYA NAGARA, SHIVAMOGGA CITY-577 203. - 3 - HC-KAR NC: 2025:KHC:18634 RFA No. 2205 of 2017 8. GOUSE AHAMED S/O H.MOHAMED GHOUSE, AGED ABOUT 63 YEARS, R/O 4TH CROSS, PROVISION MERCHANT, OPP MYTHRI MAHILA HOSTEL, VIDHYANAGARA, SHIVAMOGGA CITY-577 203. 9. SMT MANJAMMA W/O RAMANNA @ RAMAPPA, AGED ABOUT 68 YEARS, R/O OLD LAKKAVALLI, 2ND CROSS UPPARAKERI, TARIKERE TALUK, CHIKKAMAGALURU DIST-577 549. 10. DURGAPPA S/O RAMANNA, AGED ABOUT 43 YEARS, R/O OLD LAKKAVALLI, 2ND CROSS UPPARAKERI, TARIKERE TALUK, CHIKKAMAGALURU DIST-577 549. 11. CHOWDAMMA D/O RAMANNA, AGED ABOUT 45 YEARS, 2ND CROSS UPPARAKERI, TARIKERE TALUK, CHIKKAMAGALURU DIST-577 549. 12. NAGARAJA S/O RAMANNA, AGED ABOUT 38 YEARS, 2ND CROSS UPPARAKERI, TARIKERE TALUK, CHIKKAMAGALURU DIST-577 549. 13. SMT MALA D/O RAMANNA, AGED ABOUT 36 YEARS, - 4 - HC-KAR NC: 2025:KHC:18634 RFA No. 2205 of 2017 2ND CROSS UPPARAKERI, TARIKERE TALUK, CHIKKAMAGALURU DIST-577 549. 14. U.P.SRIKANTH KAMATH S/O PANDURANGA RAO, AGED ABOUT 48 YEARS, R/O BEHIND KALLAHALLI HANUMANTHAPPA'S BUILDING, VIDHYANAGARA OPP: CANARA BANK, SHIVAMOGGA CITY-577 203. 15. U.P.SRIDHARA KAMATH S/O LATE PANDURANGA RAO, AGRICULTURIST, AGED ABOUT 54 YEARS, BANU BEEDI VIDYANAGARA, SHIVAMOGGA CITY-577 203. 16. T.G.MANOJ KUMAR S/O GOVINDARAJU ADVOCATE, AGED ABOUT 41 YEARS, R/O B.H.ROAD, VIDYANAGARA, SHIVAMOGGA CITY-577 203. 17. SMT. S.NIRMALA W/O C.RUDRAPPA AGED ABOUT 62 YEARS, R/O NALKUDURE VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577 213. 18. SMT GEETHAMANI.S W/O B.T.JAGADEESHA, AGED ABOUT 54 YEARS, R/O RANGENAHALLI VILLAGE, LAKKAVALLI HOBLI, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT-577 549. 19. SRI. T.N.PARAMASHEKARAPPA - 5 - HC-KAR NC: 2025:KHC:18634 RFA No. 2205 of 2017 S/O T.NAGENDRAPPA, AGED ABOUT 53 YEARS, R/O NARAYANA KRUPA NILAYA, 3RD CROSS, RAVINDRANAGARA BADAVANE, SHIVAMOGGA-577 201. 20. SRI M.N.SURESH S/O LATE NANAMAIAH, AGED ABOUT 76 YEARS, R/O UMA NILAYA, 3RD CROSS, NETHAJI BADAVANE, VINOBA NAGARA, SHIVAMOGGA CITY-577 204. 21. SMT. DANYA DEVENDRA W/O DR. H.R.DEVENDRAPPA, AGED ABOUT 44 YEARS, R/O SHIVALINGESHWARA KRUPA, 3RD CROSS, SHARAVATHI NAGARA, SHIVAMOGGA-577 202. 22. SRI. G.S.ESHWARAPPA S/O CHANDRASHEKARAPPA, AGED ABOUT 67 YEARS, R/O LINGADAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577 213. 23. SMT B.NALINA W/O M.VEERASHEKARAPPA, AGED ABOUT 55 YEARS, R/ BENAKANAHALLI VILLAGE, SASHVEHALLI HOBLI, HONNALI TALUK, DAVANAGERE DIST-577 217. 24. SMT S.S.SARASWATHI W/O VENKATESH.M.S., AGED ABOUT 68 YEARS, R/O DEVASENA BUILDING, NEAR BUPALAM SCHOOL, - 6 - HC-KAR NC: 2025:KHC:18634 RFA No. 2205 of 2017 SPM ROAD, SHIVAMOGGA CITY-577 217. 25. SRI B.VENKATARAMAREDDY S/O VENKATARADDY B.P., AGED ABOUT 52 YEARS, JAGADMA ROAD, VIDYANAGARA STREET, SHIVAMOGGA CITY-577 203. 26. T.N.PRAKASH S/O NAGAPPA.T, AGED ABOUT 63 YEARS, R/O MDK 66/B, NEAR VIDYAMANDIRA, NEW TOWN, BHADRAVATHI, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577 301. 27. SMT. RATNAMMA W/O LATE KESHVAMURTHY.S.S., AGED ABOUT 78 YEARS, R/O SBM BANK BACK SIDE, VIDYANAGARA BADAVANE, SHIVAMOGGA CITY- 577 203. 28. SMT REENA W/O JESUDAS.P, AGED ABOUT 43 YEARS, R/O JAGADAMBA ROAD, VIDYANAGARA BADAVANE, SHIVAMOGGA CITY-577 203. 29. SMT INDHUVADANE W/O LATE LAKSHMPATHI RAO, AGED ABOUT 69 YEARS, R/O 2ND CROSS, B-BLOCK, GANDHINAGARA BADAVANE, SHIVAMOGGA CITY-577 201. 30. CHOWDAPPA S/O LAKSHANNA, AGED ABOUT 44 YEARS, R/O 1ST CROSS, RIGHT SIDE, BHADRAVATHI TALUK, - 7 - HC-KAR NC: 2025:KHC:18634 RFA No. 2205 of 2017 SHIVAMOGGA DIST-577 201. 31. ABID REHAMAN S/O LATE REHAMAN, AGED ABOUT 43 YEARS, R/O BY PASS GALAXY CENTER, SULEBYLU, SHIVAMOGGA-577 201. 32. SMT SARASWATHAMMA W/O NAGAPPA, AGED ABOUT 43 YEARS, PEON IN HEALTH DEPARTMENT, WORKING AT SHIVAMOGGA, R/O VIDYANAGAR, SHIVAMOGGA CITY-577 203. …RESPONDENTS (BY SRI. RAMESH CHANDRA., ADVOCATE FOR R17, 19 & 20; R1 TO 16, 18 & 21 TO 32-DISPENSED WITH V/O DATED:02.02.2023) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC. THIS REGULAR FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED AS UNDER: ORAL JUDGMENT When the case is called, the appellants are not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case. Sri.Ramesh Chandra., counsel for respondents 17, 19 and 20 has appeared in person. As could be seen from the daily order sheet, the appeal was listed on 02.06.2025. On that day, there was no - 8 - HC-KAR NC: 2025:KHC:18634 RFA No. 2205 of 2017 representation on behalf of the appellants. Hence, for appearance of counsel for the appellants, the appeal was ordered to be listed on 03.06.2025. The appeal is listed today. As already noted above, when the case is called, the appellants are not represented. As could be seen from the appeal papers, the appeal is filed in the year 2017. Now we are in the month of June 2025. The appeal is pending from eight years. It appears that the appellants are not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 70