- 1 - HC-KAR NC: 2025:KHC:22637 RSA No. 826 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.826 OF 2022 (PAR) BETWEEN: 1. SRI. A. BASAPPA @ SWAMYGOWDA, S/O LATE ANNEGOWDA, AGED ABOUT 65 YEARS, R/O BIDARURU VILLAGE, KONANURU HOBLI, ARAKALAGUD TALUK, HASSAN DISTRICT. …APPELLANT (BY SRI. SHASHI KUMARI G., ADVOCATE - ABSENT) AND: 1. SMT.SAVITHRAMMA, D/O LATE ANNEGOWDA, W/O LATE SANNEGOWDA, AGED ABOUT 67 YEARS. 2. SRI. KRISHNEGOWDA, S/O LATE ANNEGOWDA, AGED ABOUT 59 YEARS. 3. SRI. NAGESHA, S/O LATE ANNEGOWDA, AGED ABOUT 57 YEARS. RESPONDENTS NO.1 TO 3 ARE RESIDENTS OF BIDARURU VILLAGE, KONANURU HOBLI, ARAKALAGUD TALUK. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22637 RSA No. 826 of 2022 4. SMT. SUDHA, D/O LATE ANNEGOWDA, W/O RAMEGOWDA, AGED ABOUT 50 YEARS, R/O MUGALURU VILLAGE, DODDAMAGGE HOBLI, ARAKALAGUD TALUK. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 R/W AGAINST THE JUDGMENT AND DECREE DATED 13.12.2021 PASSED IN R.A.NO.30/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ARAKALAGUD, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 17.09.2018 PASSED IN O.S.NO.168/2009 ON THE FILE OF THE CIVIL JUDGE AND JMFC, ARAKALGUD. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT This appeal was filed on 31.05.2022 and the matter was listed before the Registrar (P and H) on 06.06.2022 for non- compliance of the office objections and the learned counsel for the appellant was absent. However, three weeks time was granted to comply with the office objections. Again the matter was listed before the Registrar (P and H) on 08.11.2023 and again the learned counsel for the appellant was absent. Hence, the matter was listed before the Court on 29.11.2023 and this Court granted two weeks time to comply - 3 - HC-KAR NC: 2025:KHC:22637 RSA No. 826 of 2022 with the office objections subject to payment of cost of Rs.500/-. 2. Having perused the Trial Court judgment, the suit was partly decreed. The plaintiff and defendant No.4 were entitled for 1/20th share each and defendant Nos.1 to 3 were entitled for 6/20th share each. In the appeal, the said judgment is modified granting 1/5th share each in the suit schedule property in respect of item Nos.1, 2 and 4 and in land to the extent of 1 acre ½ gunta in the suit property item No.3. 3. Having considered the judgment of the First Appellate Court, it is concurrent, but only modification is made in the appeal. The learned counsel for the appellant is not pursuing the matter inspite of opportunity is given and the cost is not paid and the office objections are also not complied with. 4. Hence, the appeal is dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 16