- 1 - HC-KAR NC: 2025:KHC:42049 RSA No. 244 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 244 OF 2018 BETWEEN: 1. SRI SHANTHALINGASWAMY S/O LATE MADAPPA AGED ABOUT 50 YEARS R/AT GUNDAPURA VILLAGE, HALAGUR HOBLI, MALAVALLI TALUK, MANDYA DISTRICT- 571421. BASAPPA S/O LATE MADAPPA SINCE DEAD BY HIS LRS 2. SRI. BASAPPADEVARU S/O LATE BASAPPA AGED ABOUT 35 YEARS 3. SMT. MAHADEVAMMA D/O LATE BASAPPA AGED ABOUT 34 YEARS, 4. SRI.G.S. MAHADEVASWAMY S/O LATE SHIVANANJAPPA AGED ABOUT 33 YEARS, ALL R/AT GUNDAPURA VILLAGE HALAGUR HOBLI, MALAVALI TALUK, MANDYA DISTRICT- 571421. 5. SRI. MAHADEVAPPA S/O LATE MADAPPA AGED ABOUT 71 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42049 RSA No. 244 of 2018 R/AT BASAVANAHALLI VILLAGE HALAGUR HOBLI, MALAVALLI TALUK MANDYA DISTRICT- 571421. APPELLANTS 2 TO 5 ARE REPRESENTED BY THEIR GPA HOLDER SRI. SHANTHALINGASWAMY, (APPELLANT NO.1) GUNDAPURA VILLAGE, HALAGUR HOBLI, MALAVALLI TALUK, MANDYA DIST- 571421. …APPELLANTS (BY SRI. D GANGADHARA., ADVOCATE- ABSENT) AND: SMT. SHIVAMMA, W/O LATE CHANNABASAPPA, AGED ABOUT 71 YEARS, R/AT GOWDAGERE VILLAGE, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT- 571421. …RESPONDENT (BY SRI. RAVI SHANKAR C S., ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 13.11.2017 PASSED IN R.A.NO.64/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, MALAVALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.08.2014 PASSED IN O.S.NO. 291/2012 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MALAVALLI. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2025:KHC:42049 RSA No. 244 of 2018 ORAL JUDGMENT Learned counsel for the respondent present and none appears for the appellants. 2. On the earlier occasion, this Court vide order dated 13.10.2025 had adjourned the matter with a condition that the learned counsel for the appellants to argue the matter on the next date of hearing, failing which the appeal shall stand dismissed. 3. Thereafter, the matter is listed today and there is no representation on behalf of the appellants. In view of the conditional order, this Regular Second Appeal stands dismissed for non-prosecution. Sd/- (DR.K.MANMADHA RAO) JUDGE GSR List No.: 1 Sl No.: 37