- 1 - NC: 2025:KHC:3767 RSA No. 348 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA REGULAR SECOND APPEAL NO. 348 OF 2011 (PAR) BETWEEN: H.M. BASAVARAJAIAH, S/O H.M. BASAIAH, AGED ABOUT 70 YEARS, AGRICULTURIST, R/O HONNAMARADI VILLAGE, DAVANAGERE TALUK - 577 528. …APPELLANT (BY SRI. D.P. MAHESH, ADVOCATE FOR SRI. SRIHARI A.V., ADVOCATE) AND: 1. H.M. RUDRAIAH, S/O LATE H.M. SHARANAIAH, AGED ABOUT 46 YEARS, 2. SMT. SHASHIKALA AGED ABOUT 42 YEARS, W/O VEERAIAH, 3. SRI. H.M. PUTTAIAH S/O LATE H.M. SHARANAIAH, AGED ABOUT 41 YEARS, 4. SRI. EKANTHAIAH S/O KOTRAIAH, AGED ABOUT 68 YEARS, Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3767 RSA No. 348 of 2011 5. SRI H.M. BASAVARAJAIAH, S/O H.M. NINGAPPAIAH, AGED ABOUT 73 YEARS, 6. SRI H.M. HALAIAH S/O NINGAPPAIAH, AGED ABOUT 78 YEARS, THE RESPONDENTS NO.1 TO 6 ARE AGRICULTURISTS AND RESIDENTS OF HONNAMARADI VILLAGE - 577 528, DAVANAGERE TALUK. …RESPONDENTS (BY SRI. B.K. MANJUNATH, ADVOCATE FOR C/R1; SRI. P.H. VIRUPAKSHAIAH, ADVOCATE FOR R4 AND R5; VIDE ORDER 07.11.2025, NOTICE TO R2, R3 AND R6 ARE DISPENSED WITH) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.11.2010 PASSED IN R.A.NO.77/2008 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, DAVANAGERE, DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 10.07.2008 PASSED IN O.S.NO.71/2003 ON THE FILE OF THE I ADDL.CIVIL JUDGE (SR.DN), DAVANGERE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA ORAL JUDGMENT There is no representation on behalf of the appellant. - 3 - NC: 2025:KHC:3767 RSA No. 348 of 2011 2. This Court on 25.06.2024 imposed cost for non-filing of paper book to the appellant. 3. This Court on 30.10.2024, passed a peremptory order, which reads as follows: "The appellant was directed to file paper book by order dated 18.03.2015. By order dated 25.06.2024, one week time was granted to file paper books on payment of cost of Rs.500/-. No representation on behalf of the appellant. As a last chance, four weeks time is granted to file paper books failing which, the appeal stands dismissed." 4. Even today, the paper book is not filed and cost is also not paid. Therefore, the appeal is dismissed for non- compliance of order dated 30.10.2024. SD/- (T.G. SHIVASHANKARE GOWDA) JUDGE SJK List No.: 1 Sl No.: 7/CT: BHK