- 1 - NC: 2025:KHC:16436 RFA No. 910 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.910 OF 2024 (PAR) BETWEEN: 1. SMT SHIVAMMA W/O LATE VARAPRASAD, AGED ABOUT 64 YEARS 2. SRI MALLIKARJUNA S/O LATE VARAPRASAD, AGED ABOUT 40 YEARS 3. SRI MRUTHUNJAYA S/O LATE VARAPRASAD, AGED ABOUT 36 YEARS 4. SMT CHANDRAKALA D/O LATE VARAPRASAD, AGED ABOUT 43 YEARS 5. SMT SHOBHA D/O LATE VARAPRASAD, AGED ABOUT 34 YEARS ALL ARE RESIDING AT IRAKASANDRA VILLAGE AND POST, CHELUR HOBLI, GUBBI TALUK, TUMKUR DISTRICT – 572 117. …APPELLANTS (BY SRI. SUBBI REDDY, ADVOCATE (ABSENT) ) AND: SRI MUDDAGANGAPPA S/O LATE NANJUNDAPPA, AGED ABOUT 80 YEARS, SINCE DEAD BY HIS LRS 1. SMT GOWRAMMA, W/O LATE MUDDAGANGAPPA, AGED ABOUT 86 YEARS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:16436 RFA No. 910 of 2024 2. SRI CHANDRASHEKAR S/O LATE MUDDAGANGAPPA, AGED ABOUT 67 YEARS, 3. SRI GANGADHAR S/O LATE MUDDAGANGAPPA, AGED ABOUT 61 YEARS, 4. SRI JAGADISH S/O LATE MUDDAGANGAPPA, AGED ABOUT 54 YEARS, 5. SRI KUMARASWAMY S/O LATE MUDDAGANGAPPA, AGED ABOUT 50 YEARS, RESPONDENTS NO.1(A) TO 5 R/AT NO.2603, 6TH MAIN, WARD NO.34, HAMPINAGAR, 2ND STAGE, VIJAYANAGAR, BENGALURU – 560 040. 6. SRI BASAVARAJ S/O LATE BORANNA, AGED ABOUT 60 YEARS, 7. SRI HARISHKUMAR S/O LATE BORANNA, AGED ABOUT 53 YEARS, 8. SRI GANGANNA S/O LATE SIDDAPPA, AGED ABOUT 84 YEARS, 9. SRI SOMASHEKAR S/O S GANGANNA, AGED ABOUT 61 YEARS, 10. SRI PRAKASH S/O S GANGANNA, AGED ABOUT 54 YEARS, 11. SMT SHARADAMMA D/O S GANGANNA, AGED ABOUT 63 YEARS, - 3 - NC: 2025:KHC:16436 RFA No. 910 of 2024 12. SMT NAGARATHNAMMA D/O S GANGANNA, AGED ABOUT 49 YEARS, 13. SMT NANJUNDAMMA W/O LATE GANGANNA, AGED ABOUT 79 YEARS, 14. SRI LOKESH S/O LATE GANGANNA, AGED ABOUT 49 YEARS, 15. SRI SOMASHEKAR S/O LATE GANGANNA, AGED ABOUT 46 YEARS. 16. SRI PANCHAKSHARI D/O LATE BASAPPA, AGED ABOUT 84 YEARS, 17. SRI PRAVEEN S/O PANCHAKSHARI, AGED ABOUT 44 YEARS, 18. SMT SHIVAMMA W/O LATE MAHADEVAIAH, AGED ABOUT 74 YEARS, 19. SRI SURESH S/O LATE MAHADEVAIAH, AGED ABOUT 44 YEARS, SRI SANTHARAJU S/O LATE BASAPPA, AGED ABOUT 74 YEARS, SINCE DEAD BY HIS LRS. 20. SMT. UMADEVI W/O LATE SHANTHARAJU AGED ABOUT 60 YEARS. 21. SRI CHETHAN S/O SHANTHARAJU AGED ABOUT 35 YEARS, 22. SMT. NANDHINI D/O LATE SHANTHARAJU AGED ABOUT 32 YEARS, - 4 - NC: 2025:KHC:16436 RFA No. 910 of 2024 THE LRS OF DECEASED RESPONDENT NO.20 ARE RESIDING AT PATTANAGERE VILLAGE RAJARAJESHWARI NAGAR POST KENGERI HOBLI, BENGALURU SOUTH TALUK. 23. SRI CHETHAN S/O NAGARAJU, AGED ABOUT 39 YEARS, 24. SRI NAGARAJU S/O LATE BASAPPA, AGED ABOUT 72 YEARS. 25. SRI. SACHIDANANDA S/O NAGARAJU AGED ABOUT 39 YEARS. 26. SRI. PRAKASH S/O LATE BASAPPA AGED ABOUT 64 YEARS. RESPONDENT NO. 6 TO 26 ARE R/AT: PATTANAGERE VILLAGE RAJARAJESHWARINAGAR POST KENGARI HOBLI, BENGALURU SOUTH TALUK BENGALURU – 560 098. 27. SMT PARVATHAMMA W/O LATE SHADAKSHARAIAH, AGED ABOUT 79 YEARS, 28. SRI SIDDALINGAIAH S/O LATE SHADAKSHARAIAH, AGED ABOUT 49 YEARS, RESPONDENT NO.27 & 28 ARE R/AT: NO. 67, 7TH MAIN, 1ST CROSS LINGAYATHARABEEDI, KENGERI NEW TOWN BENGALURU – 560 056. 29. SMT K B SHANTHAMMA W/O P S MAHALINGAPPA, AGED ABOUT 57 YEARS PATTANAGERE VILLAGE, RAJARAJESHWARINAGAR POST, - 5 - NC: 2025:KHC:16436 RFA No. 910 of 2024 KENGARI HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 098. 30. SRI K H MANJAPPA S/O HANUMANTHAPPA, AGED ABOUT 64 YEARS, NO. 165, 4TH MAIN, 4TH BLOCK, 4TH PHASE, WEST OF CHORD ROAD, BANGALORE - 560 079. …RESPONDENTS (BY SRI. S.S. NAGANAND, SENIOR ADVOCATE FOR SRI. HANUMANTHE GOWDA.S., ADVOCATE FOR CAV./ R21) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 07.02.2024 PASSED ON I.A.NO.13 IN OS.NO.25590/2015 ON THE FILE OF THE LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU (CCH-74), ALLOWING THE I.A.NO.13 FILED UNDER ORDER 7 RULE 11(a) AND (d) R/W SEC.151 OF CPC, FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT The present appeal was tagged along with R.F.A.No.1023/2024 and both arising out of the same suit in O.S.No.25590/2015 with an understanding that the Trial court’s records would be summoned and both the appeals would be taken up for final disposal. - 6 - NC: 2025:KHC:16436 RFA No. 910 of 2024 2. On 21.04.2025, the connected appeal in R.F.A.No.1023/2024 was dismissed as withdrawn, pursuant to which, since the appellants and their learned counsel remained absent though the matter was called out on two occasions, while the learned Senior counsel for the respondents was present, this Court is left with no other option but to dismiss the appeal for non- prosecution. 3. Accordingly, the appeal is dismissed for non-prosecution. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV/SRL