- 1 - HC-KAR NC: 2025:KHC:44161 RSA No. 1231 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REGULAR SECOND APPEAL NO. 1231 OF 2007 (DEC) BETWEEN: SMT. YESHODAMMA W/O HANUMANTHAPPA HOUSEHOLD WORK AGED ABOUT 41 YEARS, BETHUR ROAD, DEVRAJNAGAR, DAVANAGERE- 577001. …APPELLANT (BY SRI. JAGADEESH MUNDARAGI., ADVOCATE- ABSENT) AND: 1. MATHIHALLY NINGAPPA @ PUJARI NINGAPPA AGED AOBUT 60 YEARS, ANEKONDA, A.K.HATTY, BETHUR ROAD, DAVANAGERE-577001 SINCE R1 IS DEAD HAS NO CHILDREN AND ONLY THE LR IS HIS WIFE WHO IS ALREADY ON RECORD AS R4. 2. SMT.SHANTHAMMA W/O KOTRAPPA AGED ABOUT 44 YEARS, HOUSEHOLD WORK, R/O ANEKONDA, A.K.HATTY, DAVANAGERE- 577 001. 3. KOTRAPPA S/O PARASAPPA COOLIE, A.K.HATTY, ANEKONDA, BETHUR ROAD, Digitally signed by CHAITHANYA K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44161 RSA No. 1231 of 2007 DAVANAGERE- 577 001. 4. SMT.HALAMMA @ BASAMMA W/O MATHIHALLY NINGAPPA @ PUJARI NINGAPPA AGED ABOUT 54 YEARS, HOUSEHOLD WORK, C/O VEERANNA MESON, R/O DODDABATHI VILLAGE, DAVANAGERE TALUK, DAVANAGERE DISTRICT- 577 001. 5. THE ASSISTANT EXECUTIVE ENGINEER 3RD P.W.D, PORT AND WATER RESOURCES DEPARTMENT, SUB DIVISION, DAVANAGERE (AMENDED VIDE COURT ORDER DATED 09.07.2012) …RESPONDENTS (BY SRI. VINOD GOWDA, ADVOCATE FOR R2 AND R3; SRI. H.R.SREEPADA, ADVOCATE FOR R4; SRI. MILIND DANGE, AGA FOR R5; R4 IS TREATED AS LRS OF DECEASED R1 V/O DTD 27-2-12) THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 11.09.2006 PASSED IN RA.NO.257/2005 ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN.) DAVANGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 29.06.2005 PASSED IN OS.NO.90/2002 ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN.) DAVANGERE, PARTLY DECREEING THE SUIT FOR DECLARATION AND POSSESSION. THIS APPEAL, COMING ON FOR FINAL HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:44161 RSA No. 1231 of 2007 ORAL JUDGMENT Learned counsel for the appellant is absent. The appeal is of the year 2007. It appears that the appellant is not interesting in prosecuting the appeal. The appeal is accordingly dismissed for non-prosecution. Sd/- (M.I.ARUN) JUDGE CH List No.: 2 Sl No.: 2