- 1 - NC: 2025:KHC:11591 MFA No. 6787 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.6787 OF 2019 (CPC) BETWEEN: SRI. BHARATH KUMAR S/O CHANDRASHEKAR, AGED ABOUT 24 YEARS, R/AT CHIKKACHEEMANAHALLI VILLAGE, UGANAVADI POST, DEVANAHALLI TALUK, BANGALORE RURAL DIST-562 110. …APPELLANT (BY SMT. REVATHI D. P., ADVOCATE (ABSENT)) AND: 1. SRI. SIDDAPPA, S/O LATE MUNIKENCHAPPA, AGED ABOUT 71 YEARS, 2. SMT.EERAMMA, W/O LATE CHIKKA BEERAPPA, AGED ABOUT 73 YEARS, 3. SRI.C.MANJUNATHA AGED ABOUT 55 YEARS, 4. SRI. CHANDRASHEKAR, AGED ABOUT 46 YEARS, 5. SRI.C.NAGESH, AGED ABOUT 44 YEARS, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11591 MFA No. 6787 of 2019 6. SRI.LAKSHMI NARAYANA AGED ABOUT 41 YEARS RESPONDENT NO.S 3 TO 6 ARE SONS OF LATE CHIKKA BEERAPPA 7. SMT.GOWRAMMA W/O LATE RAMANJINAPPA, AGED ABOUT 67 YEARS, 8. SRI.PRAKASH AGED ABOUT 49 YEARS, 9. SRI.MANJUNATH AGED ABOUT 45 YEARS, 10. SRI.R.SURESH AGED ABOUT 39 YEARS, 11. SRI.LOKESH AGED ABOUT 35 YEARS RESPONDENT NO. 8 TO 11 ARE SONS OF LATE RAMANJINAPA. 12. SMT.YASHODAMMA W/O LATE MALLARAPPA @ MARIYAPPA AGED ABOUT 67 YEARS, 13. SRI.RAMESHA, S/O LATE MALLARAPPA @ MARIYAPPA AGED ABOUT 47 YEARS, 14. SRI.PILLARAJU S/O LATE MALLARAPPA @ MARIYAPPA AGED ABOUT 45 YEARS, 15. SRI.SATISH S/O LATE MALLARAPPA @ MARIYAPPA AGED ABOUT 43 YEARS, - 3 - NC: 2025:KHC:11591 MFA No. 6787 of 2019 16. SMT.SHANKUNTHALAMMA W/O LATE C.M.THYAGARAJU, AGED ABOUT 61 YEARS, 17. SMT.T.S.ROOPA D/O LATE C.M.THYAGARAJU, AGED ABOUT 41 YEARS, 18. SRI.DEVARAJU S/O LATE DODDABEERAPPA @ BEERAPPA, AGED ABOUT 58 YEARS, 19. SMT.SHANTHAMMA D/O LATE DODDABEERAPPA @ BEERAPPA, AGED ABOUT 56 YEARS, 20. SMT.SAVITHRAMMA W/O LATE SHANKARAPPA S/O DODDABEERAPPA @ BEERAPPA AGED ABOUT 50 YEARS, 21. SRI.KIRAN S/O LATE SHANKARAPPA AGED ABOUT 22 YEARS, 22. ARUN S/O LATE SHANKARAPPA AGED ABOUT 20 YEARS, RESPONDENT NO. 1 TO 22 ARE R/AT CHIKKACHEEMANAHALLI VILLAGE, UGANAVADI POST, DEVANAHALLI TALUK, BANGALORE RURAL DIST-562 110. 23. SMT.PILLAMMA W/O NAGARAJ D/O LATE DODDABEERAPPA @ BEERAPPA AGED ABOUT 51 YEARS, - 4 - NC: 2025:KHC:11591 MFA No. 6787 of 2019 24. SRI.MANJUNATH H/O LATE MANJAMMA, AGED ABOUT 55 YEARS, 25. SRI.MAHENDRA S/O MANJUNATH AGED ABOUT 28 YEARS, 26. SRI.RAVI S/O MANJUNATH AGED ABOUT 26 YEARS, RESPONDENT NOS. 23 TO 26 ARE R/AT VIJAYAPURA ROAD, DEVANAHALLI CROSS, OPP. JAIN TEMPLE, DEVANAHALLI TALUK, BANGALORE RURAL DIST-562 110. 27. SMT.KAMALAMMA W/O DYAVAPPA, R/AT K.CHANNASANDRA, K.R.PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE-560 043. …RESPONDENTS THIS MFA FILED U/O. 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 19.06.2019, PASSED ON IA NO. 2, IN OS NO. 156/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., DEVANAHALLI, REJECTING IA. NO. 2 FILED UNDER ORDER 39, RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR - 5 - NC: 2025:KHC:11591 MFA No. 6787 of 2019 ORAL JUDGMENT Today the learned counsel for the appellant is absent. 2. On 26.02.2024, peremptory order was passed. The appellant has not done the needful as ordered by this Court. Therefore, peremptory order will come into force. Hence, the appeal is dismissed for non-prosecution. SD/- (HANCHATE SANJEEVKUMAR) JUDGE ABK List No.: 1 Sl No.: 7