- 1 - HC-KAR NC: 2025:KHC:23409-DB RFA No. 763 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 763 OF 2012 (PAR) BETWEEN: 1. SRI BOJAIAH S/O LATE PUTTEGOWDA AGED ABOUT 60 YEARS AGRICULTURIST. 2. SMT. KAMALAMMA W/O LATE KARIYAPPA AGED ABOUT 65 YEARS HOUSE WIFE 3. SRI H.NAGARAJU S/O LATE KARIYAPPA AGED ABOUT 47 YEARS AGRICULTURIST 4. SRI SHIVANNA S/O LATE KARIYAPPA AGED ABOUT 45 YEARS AGRICULTURIST 5. SRI BASAVARAJU S/O LATE KARIYAPPA AGED ABOUT 43 YEARS AGRICULTURIST 6. SMT. VASANTHA D/O LATE KARIYAPPA W/O NAGARAJU Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23409-DB RFA No. 763 of 2012 AGED ABOUT 40 YEARS HOUSE WIFE R/O HOSAHALLIDODDI VILLAGE NIDAGATTA POST ATHAGUR HOBLI MADDUR TALUK-571428. 7. SMT. SAROJAMMA D/O LATE KARIYAPPA W/O RAMALINGAIAH AGED ABOUT 38 YEARS HOUSE WIFE R/O KADALUR VILLAGE AND POST ATHAGUR HOBLI MADDUR TALUK-571428. 8. H.K. SURESHA S/O LATE KARIYAPPA AGED ABOUT 34 YEARS AGRICULTURIST 9. SRI. H.K. MAHESHA S/O LATE KARIYAPPA AGED ABOUT 32 YEARS AGRICULTURIST 10. SRI H.K. SHANKARA S/O LATE KARIYAPPA AGED ABOUT 25 YEARS AGRICULTURIST 11. SRI. H.K. RAVI S/O LATE KARIYAPPA AGED ABOUT 26 YEARS AGRICULTURIST APPELLANT NOS.1 TO 5 AND 8 TO 11 ARE R/AT HOTTEGOWDANADODDI VILLAGE NIDAGHATTA POST, ATHAGUR HOBLI, MADDUR TALUK. - 3 - HC-KAR NC: 2025:KHC:23409-DB RFA No. 763 of 2012 12. SMT. SHANTHAMMA D/O LATE KARIYAPPA W/O SURESH AGED ABOUT 30 YEARS HOUSE WIFE R/AT SOMANAHALLI VILLAGE KASABA HOBLI MADDUR TALUK-571428. 13. SMT. HEMA D/O LATE KARIYAPPA W/O SHIVASWAMY AGED ABOUT 28 YEARS HOUSE WIFE R/AT HULUVADI VILLAGE MALUR HOBLI CHANNAPATNA TALUK-561238. …APPELLANTS (BY SMT. G JAYASHREE, ADV.-ABSENT) AND: 1. SRI HONNAIAH S/O LATE. PUTTEGOWDA AGED ABOUT 70 YEARS AGRICULTURIST R/AT HOTTEGOWDANADODDI VILLAGE NIDAGHATTA POST ATHAGUR HOBLI MADDUR TALUK-571428. 2. SPECIAL LAND ACQUISITION OFFICER & ESTATE OFFICER NATIONAL HIGHWAY, K.R.CIRCLE, PWD COMPOUND, BANGALORE-560001. 3. SMT. CHIKKATHAYAMMA W/O LATE CHANNAPPA D/O LATE PUTTEGOWDA - 4 - HC-KAR NC: 2025:KHC:23409-DB RFA No. 763 of 2012 AGED ABOUT 62 YEARS HOUSE WIFE AND AGRICULTURIST 4. SRI. H.C. MAHADEVA S/O CHIKKAMOOGEGOWDA AGED ABOUT 38 YEARS AGRICULTURIST 5. SRI. H.C.THAMMANNA S/O CHIKKAMOOGEGOWDA AGED ABOUT 35 YEARS AGRICULTURIST 6. SRI CHIKKAMOOGEGOWDA S/O LATE YALAVEGOWDA AGED ABOUT 70 YEARS AGRICULTURIST DEFENDANTS NO.3 TO 6 ARE R/O HOTTEGOWDANADODDI VILLAGE HAMLET OF NIDAGHATTA ATHAGUR HOBLI MADDUR TALUK-571428. …RESPONDENTS (BY SRI. V SHIVA REDDY, AGA FOR R2 R3, R4, R5, R6 ARE SERVED AND UNREPRESENTED) THIS APPEAL IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.04.2012 PASSED IN O.S.NO.45/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADDUR, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE T.M.NADAF - 5 - HC-KAR NC: 2025:KHC:23409-DB RFA No. 763 of 2012 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) No representation for the appellants in the morning as well as in the afternoon. Even on 29.07.2024 as well as on 24.06.2025, there was no representation for the appellants. 2. On 24.06.2025, to provide one more opportunity to the appellants, the matter was ordered to be listed today. 3. As there is no representation for the appellants today also, we have no other option, but to dismiss the appeal for non-prosecution. Accordingly, the appeal stands dismissed for non-prosecution. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MPK CT:bms