- 1 - HC-KAR NC: 2025:KHC:54078 RSA No. 1252 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1252 OF 2025 (PAR) BETWEEN: 1. K.R. RUDRESH S/O LATE RAJAPPA, AGED ABOUT 41 YEARS, AGRICULTURIST, RESIDING AT KANABAGATTE VILLAGE, SHIVANI HOBLI, TARIKERE TALUK-577228. …APPELLANT (BY SRI. RUDRESH H.B., ADVOCATE) AND: 1. SMT. PREMA K.R. D/O LATE RAJAPPA, W/O ONKARAPPA, AGED ABOUT 43 YEARS AGRICULTURIST, R/AT GANDASAMUDRA VILLAGE, RAMGIRI HOBLI HOSADURGA TALUK, CHITRADURGA DISTRICT. 2. K.R. MALLIKARJUNA, S/O LATE RAJAPPA, (SINCE DECEASED, REPRESENTED BY LRS RESPONDENT NO.3) SMT. YASHODHAMMA W/O LATE RAJAPPA, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54078 RSA No. 1252 of 2025 AGRICULTURIST, AGED ABOUT 49 YEARS R/AT KANABAGATTE VILLAGE SHIVANI HOBLI TARIKERE TALUK CHIKKAMAGALORE-577228. …RESPONDENTS (BY SRI. MURALI N., ADVOCATE FOR R1 AND R2) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 27.01.2025 PASSED IN R.A.NO.59/2022 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.11.2022 PASSED IN O.S.NO.128/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, TARIKERE. 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 at 4:26 p.m., and no representation on behalf of the appellant. 2. This Court on 01.12.2025 considering the memo filed by the counsel appearing for the respondents that F.D.P.No.2/2023 is already disposed of on 21.11.2025, an opportunity is given to the counsel for the appellant and also made it clear if the appellant’s counsel - 3 - HC-KAR NC: 2025:KHC:54078 RSA No. 1252 of 2025 doesn't appear on the next date of hearing, the appeal will be dismissed. Inspite of this order, appellant’s counsel is not pursuing the matter. Memo filed by the respondents’ counsel is very clear that F.D.P.No.2/2023 is already disposed of on 21.11.2025 and final decree already drawn and hence, second appeal is dismissed in view of the earlier order dated 01.12.2025. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 61