- 1 - HC-KAR NC: 2025:KHC:51232 RSA No. 563 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.563 OF 2024 (PAR/POS) BETWEEN: 1. SRI. NAGARAJ SON OF LATE KAMBALAIAH AGED ABOUT 60 YEARS RESIDING AT GANGANALA VILLAGE KORA HOBLI TUMAKURU TALUK AND DISTRICT PIN CODE – 572 128. …APPELLANT (BY SRI. SIDDAMALLAPPA P.M., ADVOCATE [ABSENT]) AND: 1. SMT. RANGAMMA WIFE OF LATE KAMBALAIAH AGED ABOUT 78 YEARS RESIDING AT YALLAPURA VILLAGE KORA HOBLI TUMAKURU TALUK AND DISTRICT PIN CODE – 572 128. 2. SMT. JAYAMMA DAUGHTER OF LATE KAMBALAIAH WIFE OF RAJU AGED ABOUT 50 YEARS RESIDING AT YALLAPURA VILLAE KORA HOBLI TUMAKURU TALUK AND DISTRICT PIN CODE – 572 128. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51232 RSA No. 563 of 2024 3. SMT. SIDDAGANGAMMA, DAUGHTER OF LATE RANGAPPA AND SMT. NARASAMMA, AGED ABOUT 43 YEARS, RESIDING AT NEAR WATER TANK KOMMANAHALLI VILLAGE KASABA HOBLI, GUBBI TALUK TUMAKURU DISTRICT PIN CODE – 572 219. 4. SRI. GANGADHARAIAH K.R., SON OF LATE RANGAPPA AND SMT. NARASAMMA AGED ABOUT 43 YEARS RESIDING AT NEAR WATER TANK KOMMANAHALLI VILLAGE KASABA HOBLI, GUBBI TALUK TUMAKURU DISTRICT PIN CODE - 572 219. 5. SMT JAYAMMA K.R., DAUGHTER OF LATE RANGAPPA AND SMT. NARASAMMA AGED ABOUT 41 YEARS RESIDING AT NEAR WATER TANK KOMMANAHALLI VILLAGE KASABA HOBLI GUBBI TALUK TUMAKURU DISTRICT PIN CODE – 572 219. 6. SRI. KUMARA SON OF THIMMEGOWDA AGED ABOUT 31 YEARS RESIDING AT PURADAHALLI VILLAGE KOLALA HOBLI KORATAGERE TALUK TUMKURU DISTRICT PIN CODE – 572 140. - 3 - HC-KAR NC: 2025:KHC:51232 RSA No. 563 of 2024 7. SMT. LAKSHMIDEVAMMA DAUGHTER OF LATE KAMBALAIAH WIFE OF NARASIMHAIAH AGED ABOUT 54 YEARS RESIDING AT KADABA VILLAGE KADABA HOBLI, GUBBI TALUK TUMKURU DISTRICT PIN CODE – 572 219. …RESPONDENTS (BY SRI. H. LOKESHA, ADVOCATE FOR C/R2 ALONG WITH SRI. T.A. KARUMBAIAH, ADVOCATE FOR R1, R2 AND R6) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 19.02.2024 PASSED IN R.A.NO.50/2023 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE, TUMAKURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 06.03.2023 PASSED IN O.S.NO.267/2018, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT This matter is called twice in the morning and also in the afternoon, no representation on behalf of the appellant. 2. The order sheet also discloses that when the matter was listed on 28.11.2025, learned counsel for the appellant made the submission that papers are misplaced and hence, not able to address the arguments. Inspite of opportunity being - 4 - HC-KAR NC: 2025:KHC:51232 RSA No. 563 of 2024 given, learned counsel for the appellant has not turned up today. Hence, the appeal is dismissed for non-prosecution. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 44