- 1 - HC-KAR NC: 2025:KHC:34595 RSA No. 1192 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1192 OF 2021 (INJ) BETWEEN: 1. SRI. A WILSON BAPTIST S/O HERMAN JOHN BAPTIST AGED ABOUT 49 YEARS D NO 17-5-189 FR MULLERS OPP ST JOSEPH WORKSHOP MANGALURU - 575 002 2. SRI S SUDHARSHAN HEGDE AGED ABOUT 62 YEARS S/O LATE SESHAPPA HEGDE R/AT 4TH FLOOR SHAKAMBARI APARTMENTS NEAR KSRTC BUS STAND BEJAI MANGALURU - 575 004 3. SRI K DEVADAS NAYAK AGE ABOUT 48 YEARS S/O SRI K V NAYAK R/AT NO 1-16-1044/9 MAHALASA NEAR MALARAYA TEMPLE CHILIMBI MANGALURU - 575006 4. SRI ASHOK SHENOY AGED ABOUT 45 YEARS S/O SRI DAS SHENOY R/AT "SWARNA LAXMI" Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34595 RSA No. 1192 of 2021 MAIN ROAD LAND LINKS TOWNSHIP DEREBAIL MANGALURU - 575 001. …APPELLANTS (BY SRI. ADITHYA ACHARYA, ADVOCATE FOR SRI. KISHOR B.K., ADVOCATE) AND: 1. SRI. LOKAYYA SHETTY AGED ABOUT 75 YEARS S/O LATE PAKEERA SHETTY R/AT NIRANJAN HOUSE BEJAI MANGALURU 2. SRI SRINIVASA SUVARNA AGED ABOUT 62 YEARS S/O SRI VEERAPPA POOJARY R/AT NADU LACHIL HOUSE NEAR VISHNU MURTHI TEMPLE KULAI MANGALURU - 575 001 3. SRI NAGAPPA MOILY AGED ABOUT 58 YEARS S/O SRI KORAGA MOILY R/AT KATIPALLA, 6TH BLOCK SURATHKAL MANGALURU - 575 001 …RESPONDENTS (VIDE ORDER DATED 22.01.2025, SERVICE OF NOTICE TO R1 IS HELD SUFFICIENT R2 AND R3 ARE SERVED AND UNREPRESENTED) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 27.05.2020 PASSED IN RA.No.153/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CM, MANGALURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT - 3 - HC-KAR NC: 2025:KHC:34595 RSA No. 1192 of 2021 AND DECREE DATED 17.08.2017 PASSED IN OS.No.599/2007 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, MANGALURU D.K. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Sri.Kishor B. K., learned counsel for the appellant is absent. Sri.Adithya Acharya, learned counsel appearing on behalf of Sri.Kishor B. K., learned counsel prays time. No grounds to adjourn the matter. Appeal is pending from the year 2021 for admission. This Court suo moto granted the time to today noting the absence of learned counsel for the appellant on the previous date of hearing. Hence, appeal is dismissed for non prosecution. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 42 CT-SG