- 1 - RSA No. 714 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2023 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 714 OF 2022 (SP) BETWEEN: 1. SRI A. PAPANNA S/O LATE SRI ANNAIAH AGED ABOUT 76 YEARS RESIDING AT DOOR NO.150 HINKAL, KASABA HOBLI MYSURU TALUK. …APPELLANT (BY SRI. MAHADEVASWAMY H.P., ADVOCATE [ABSENT]) AND: 1. SRI MOJJAIAH S/O LATE SRI BOLAIAH @ BACHAIAH AGED ABOUT 81 YEARS 2. SRI NAGARAJU S/O SRI MOJJAIAH AGED ABOUT 55 YEARS 3. SRI SWAMY SINCE DEAD BY LRS SMT. PAVITHRA W/O LATE SRI SWAMY AGED ABOUT 35 YEARS 4. AMSHIK S/O LATE SRI SWAMY AGED ABOUT 7 YEARS Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA - 2 - RSA No. 714 of 2022 (REPRESENTED BY HIS MOTHER/GUARDIAN/NEXT FRIEND 3RD RESPONDENT) APPELLANTS 1 TO 4 ARE RESIDING AT C/O. MOJJAIAH HINKAL VILLAGE, KASABA HOBLI MYSURU TALUK 5. THE TAHASILDAR MYSORE TALUK MYSORE 6. SMT. THAYAMMA DECEASED BY LRS SMT. GAYATHRI D/O LATE SMT. THAYAMMA W/O SRI SHIVANNA AGED ABOUT 58 YEARS HINKAL VILLAGE KASABA HOBLI MYSURU TALUK 7. SMT. SUNDARAMMA D/O LATE SMT. THAYAMMA W/O SIDDANNA AGED ABOUT 50 YEARS HINKAL VILLAGE KASABA HOBLI MYSURU TALUK 8. SMT. BHAGYA D/O LATE SMT THAYAMMA W/O SRI SHIVALINGA AGED ABOUT 47 YEARS HUYILALU VILLAGE YELWALA HOBLI MYSURU TALUK 9 SMT.SHANTHA D/O LATE SMT. THAYAMMA - 3 - RSA No. 714 of 2022 W/O SRI MALLESH AGED ABOUT 43 YEARS HEBBAL NEAR SURYA BAKERY CIRCLE MYSURU CITY. 10. SRI PUNEETH KUMAR N., S/O NAGARAJU AGED ABOUT 32 YEARS RESIDING AT DOOR NO.258/2 HUNDI BEEDI, HINKAL VILLAGE KASABA HOBLI MYSURU TALUK …RESPONDENTS (BY SRI M.KRISHNAPPA, ADVOCATE FOR C/R2 [THROUGH VC]; SRI K.N.NITISH FOR SRI K.V.NARASIMHAN, ADVOCATE FOR R10) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 11.01.2022 PASSED IN R.A.NO.173/2019 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 27.04.2019 PASSED IN O.S.NO.62/2002 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, MYSURU. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORDER This Court, vide order dated 14.03.2023 noted that the learned counsel for the appellant was absent and learned counsel for the respondents are present and also noted that appellant is not showing interest in pursuing the matter. However, in the ends of justice, one more opportunity was - 4 - RSA No. 714 of 2022 given and it was also made clear that, if the learned counsel for the appellant does not appear on the next date of hearing, the appeal will be dismissed for non-prosecution. 2. Today also, there is no representation on behalf of the appellant. Hence, it appears that the learned counsel for the appellant is not interested in pursuing the matter. Therefore, in view of the peremptory order dated 14.03.2023, the appeal is dismissed for non-prosecution. Sd/- JUDGE ST List No.: 1 Sl No.: 44