- 1 - HC-KAR NC: 2025:KHC:21481 RFA No. 559 of 2005 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 559 OF 2005 (DEC) BETWEEN: 1. R SHIVAPPA S/O RUDRAPPA DEAD BY HIS LR’S SMT. INDIRAMANI W W/O LATE R SHIVAPPA AGED ABOUT 60 YEARS 2. SRI T S MAHADEVASAMY S/O LATE R SHIVAPPA AGED ABOUT 48 YEARS BOTH ARE R/AT THORAVALLI VILLAGE KOWLANDE HOBLI-571312 NANJANGUD TALUK MYSORE DISTRICT. 3. T S PUTTASUBBAPPA S/O SHIVANANJAPPA DEAD BY HIS LR’S 4. SMT. CHINNAMMA W/O LATE T S PUTTA SUBBAPPA AGED ABOUT 70 YEARS 5. SRI T P SHIVABASAPPA S/O LATE T S PUTTA SUBBAPPA AGED ABOUT 55 YEARS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21481 RFA No. 559 of 2005 6. SRI T P VRUSHUBENDRA SWAMY S/O LATE T S PUTTA SUBBAPPA AGED ABOUT 53 YEARS ALL ARE R/AT THORAVALLI VILLAGE KOWLANDE HOBLI-571312 NANJANGUD TALUK MYSORE DISTRICT. 7. PUTTAMALLAPPA S/O CHIKKAMALLAPPA DEAD BY HIS LR’S SMT. GOWRAMMA W/O LATE PUTTAMALLAPPA AGED ABOUT 78 YEARS 8. SRI CHINNASWAMY S/O LATE PUTTAMALLAPPA AGED ABOUT 60 YEARS 9. SRI NAGARAJU S/O LATE PUTTAMALLAPPA AGED ABOUT 58 YEARS 10. SRI MALLESH S/O LATE PUTTAMALLAPPA AGED ABOUT 52 YEARS 11. SRI RAJASHEKARA S/O LATE PUTTAMALLAPPA AGED ABOUT 50 YEARS 12. SMT. BHAGYA W/O BASAVANNA D/O LATE PUTTAMALLAPPA AGED ABOUT 50 YEARS APPELLANT NO.7 TO 12 ARE R/AT THORAVALLI VILLAGE KOWLANDE HOBLI - 3 - HC-KAR NC: 2025:KHC:21481 RFA No. 559 of 2005 NANJANGUD TALUK MYSORE DISTRICT-571312. 13. SMT RAJESHWARI W/O LATE MAHADEVASWAMY D/O LAE PUTTAMALLAPPA AGED ABOUT 46 YEARS R/O MELAJIPURA VILLAGE CHAMARAJNAGAR TALUK & DISTRICT-571313. 14. MAHADEVAPPA S/O KARIMALLAPPANA MADAPPA AGED ABOUT 64 YEARS R/AT THORAVALLI VILLAGE KOULANDE HOBLI NANJANGUD TALUK MYSORE DISTRICT-571312. 15. MAHADEVAPPA S/O KARIMALLAPPANNA MADAPPA AGED ABOT 64 YEARS RESIDENT OF THORAVALLI VILLAGE KOULANDE HOBLI NANJANGUD TALUK MYSORE DISTRICT-571312. 16. MALLIKARJUNAPPA S/O SHIVAMALLAPPA DEAD BY HIS LR’S SMT. SANNAMMA W/O LATE MALLIKARJUNAPPA AGED ABOUT 72 YEARS 17. SRI BASAVARAJA SWAMY S/O LATE MALLIKARJUNAPPA AGED ABOUT 72 YEARS - 4 - HC-KAR NC: 2025:KHC:21481 RFA No. 559 of 2005 APPELLANT NOS.16 & 17 ARE R/AT THORAVALLI VILLAGE KOWLANDE HOBLI NANJANGUD TALUK-571312 MYSORE DISTRICT. 18. SMT RAJAMMA W/O SWAMY AGED ABOUT 50 YEARS R/O SUTTUR NANJANGUD TALUK MYSORE DISTRICT-571301. …APPELLANTS (BY SRI.A S MAHADEVASWAMY .,ADVOCATE [ABSENT]) AND: 1. K A SHIVASWAMY SINCE DEAD BY HIS LR’S SMT. K S SUNANDA D/O LATE K S SHIVASWAMY W/O PARAMASHIVAIAH AGED ABOUT 62 YEARS R/AT NO 14 3RD MAIN 2ND STAGE VIJAYANAGARA, BANGALORE-40 2. SMT K S SUMITHRAKUMARI D/O LATE K S SHIVASWAMY W/O S V KUMAR AGED ABOUT 59 YEARS R/AT NO 7/A-367 10TH CROSS MANJUNATHA NILAYA BASAVESHWARANAGAR, KOLLEGAL TOWN CHAMARAJANAGARA DISTRICT-571440. 3. NAGASUNDARASWAMY S/O CHIKKAMALLAPPA AGED ABOUT 46 YEARS R/AT THORAVALLI VILLAGE - 5 - HC-KAR NC: 2025:KHC:21481 RFA No. 559 of 2005 KUDERU POST CHAMARAJANAGARA TALUK CHAMARAJANAGARA DISTRICT-571313. 4. T C NAGARAJU S/O. CHIKKAMALLAPPA AGED ABOUT 44 YEARS R/AT KUDER VILLAGE KUDERU POST CHAMARAJANAGAR TLAUK CHAMARAJANAGAR DISTRICT-571313. …RESPONDENTS (BY SRI. S G KASHIMATH, ADVOCATE FOR R1 & R2: SRI.B V RAMAN, ADVOCATE FOR R3 AND R4.,) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED: 13.1.2005 PASSED IN OS NO.85/1996 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) & JMFC, NANJANGUD, DECREEING THE SUIT FOR DECLARATION AND POSSESSION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL JUDGMENT 1. On 06.06.2025, when the matter was called out, none appeared for the appellants and even on earlier occasions also, none appeared for the appellants. Hence, - 6 - HC-KAR NC: 2025:KHC:21481 RFA No. 559 of 2005 as a last chance, the matter was ordered to be listed on 20.06.2025. 2. Even today, when the matter was called out, none appeared for the appellants. It appears that the appellants are not interested in prosecuting the case. Hence, the appeal is dismissed for non-prosecution. 3. In view of dismissal of appeal, pending I.As., if any, do not survive for consideration and accordingly, they are dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 41