- 1 - HC-KAR NC: 2025:KHC:20247 RSA No. 701 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 701 OF 2007 (PAR) BETWEEN: 1. SMT. HANUMAVVA, SINCE DEAD BY LRS, 1(A) SRI KRISHNAMURTHY @ KRISHNAPPA, AGED 38 YEARS. 1(B) SRI ANAND, AGED 28 YEARS. 1(C) SRI GANESH, AGED 28 YEARS, (A) TO (C) ARE SONS OF LATE SRI. AVARAGERE NAGAPPA. 1(D) SMT SHARADAMMA, S/O LATE MARUTHAPPA, AGED 39 YEARS. 1(E) SMT. MANJAMMA, W/O SRI C.K. BASAVARAJAIAH, (D) AND (E) ARE DAUGHTERS OF LATE SRI AVARAGERE NAGAPPA AND (A) TO (E) ARE ALL R/A OPP: SRI BANNI MAHAKALI TEMPLE, 17TH CROSS, K.T.J. NAGAR, DAVANGERE - 577 002. 2. SRI AVARAGERE NAGAPPA, SINCE DECD BY HIS LRS. 2(A) SRI KRISHNAMURTHY @ KRISHNAPPA, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20247 RSA No. 701 of 2007 …APPELLANTS (BY SRI KRISHNAMURTHY @ KRISHNAPPA, A2(A) APPELLANT VIDE ORDER DATED 05.06.2025, A2(B) - ANAND, A2(C) - GANESH, A2(D) - SHARADAMMA, A2(E) - MANJAMMA, VIDE ORDER DATED 18.01.2021, APPELLANTS 2(A TO E) ARE LR'S OF APPELLANT NO.1) AND: 1. SRI B. PUTTAPPA, S/O LATE SRI BYADGI SHIVAPPA, AGED ABOUT 65 YEARS. 2. SRI B.GANESHAPPA, S/O LATE SRI BYADGI SHIVAPPA, AGED ABOUT 55 YEARS, BOTH ARE R/O DODDAPETE, DAVANGERE - 1. AGED 38 YEARS. 2(B) SRI ANAND, AGED 28 YEARS. 2(C) SRI GANESH, AGED 28 YEARS, (A) TO (C) ARE SONS OF LATE SRI AVARAGERE NAGAPPA. 2(D) SMT. SHARADAMMA, S/O LATE MARUTHAPPA, AGED 39 YEARS. 2(E) SMT. MANJAMMA, W/O SRI. C.K. BASAVARAJAIAH, (D) AND (E) ARE DAUGHTERS OF LATE SRI AVARAGERE NAGAPPA AND (A) TO (E) ARE ALL R/A OPP: SRI BANNI MAHAKALI TEMPLE, 17TH CROSS, K.T.J. NAGAR, DAVANGERE - 577 002 - 3 - HC-KAR NC: 2025:KHC:20247 RSA No. 701 of 2007 3. SRI VEERABHDARAPPA, SINCE DEAD BY HIS LRS, 3(A) SMT. DEVEERAMMA, W/O. LATE SRI VEERABHDARAPPA, AGED 52 YEARS, 3(B) SMT. SHIVALEELA, D/O LATE SRI VEERABHDARAPPA, AGED 28 YEARS, 3(C) SMT. SAVITHA, D/O LATE SRI VEERABHDARAPPA, AGED 26 YEARS, (A) TO (C) ARE R/A 6TH CROSS, 3RD MAIN, VINOBHA NAGAR, DAVANAGERE - 1. 4. SRI MALLESHAPPA @ MALLIKARJUNAPPA SINCE DECD BY HIS LRS, 4(A) SMT. GIRIJAPPA, W/O. LATE SRI MALLESHAPPA @ MALLIKARJUNAPPA, 62 YEARS 4(B) SMT. M.B. KAVITHA, AGED 28 YEARS. 4(C) SMT. M.B. GEETHA, AGED 27 YEARS. 4(D) SMT. M.B. SHASHIKALA, AGED 25 YEARS. (B) TO (D) ARE DAUGHTERS OF LATE SRI MALLESHAPPA @ MALLIKARJUN AND (A) TO (D) ARE R/AT NO.1250/1, 8TH CROSS, 2ND MAIN, VINOBHA NAGAR, DAVANGERE - 01. - 4 - HC-KAR NC: 2025:KHC:20247 RSA No. 701 of 2007 5. SMT. NAGARATHNAMMA, D/O LATE SRI BYADGI SHIVAPPA, W/O. SRI SANNAVEERABHADRAPPA, AGED 67 YEARS, R/AT NO.14A, 2ND CROSS, 'A' BLOCK, PARVATHINAGAR, BELLARY- 583 101. 6. SRI MARUTHAPPA, S/O SRI ANNAPPA, 45 YEARS. 7. SRI MAHADEVAPPA, AGED 50 YEARS,. 8. SRI BASAVARAJAPPA @ BASAVARAJAPPA, AGED 45 YEARS. 9. SRI KANTHARAJ, AGED 40 YEARS. 6 TO 9 ARE R/A. OPP: SRI BANNI MAHAKALI TEMPLE, 17TH CROSS, KTJ NAGAR, DAVANGERE - 2. …RESPONDENTS (BY SRI B.V. GANGI REDDY, ADVOCATE FOR R1(A&B), R3(A-C) AND R5; SRI REUBEN JACOB, ADVOCATE FOR R2; VIDE ORDER DATED 05.10.2010, SERVICE HELD SUFFICIENT IN RESPECT OF R4(A), R4(B), R4(C) AND R4(D) AND R7, R8 AND R9; R6 IS SERVED; VIDE ORDER DATED 13.07.2021, APPEAL AGAINST R5 IS DISMISSED AS ABATED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 9.11.2006 PASSED IN R.A.NO.42/2000 ON THE FILE OF THE ADDITIONAL SESSIONS JUDGE, FAST TRACK COURT-II, DAVANAGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 11.4.2000 PASSED IN - 5 - HC-KAR NC: 2025:KHC:20247 RSA No. 701 of 2007 O.S.NO.188/1987 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), DAVANAGERE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT Learned counsel for the appellants has retired. Hence, the names of the appellants have been shown in the cause-list. 2. None appears for the appellants. 3. It is also noticed that on earlier occasion, the appeal was dismissed for non-prosecution and later restored. Since the appeal is of the year 2007, no grounds to adjourn the matter. The appeal is dismissed for non- prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE CPN List No.: 1 Sl No.: 2 CT: BHK