- 1 - HC-KAR NC: 2025:KHC:21830 RSA No. 2039 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.2039 OF 2021 (DEC/INJ) BETWEEN: 1. NAGARAJU S/O SURASHETTY AGED ABOUT 61 YEARS 7TH CROSS, BEGUR ROAD HONNASANDRA BENGALURU-560068. 2. BASAVARAJU S/O SURASHETTY AGED ABOUT 59 YEARS HUNASINAKERE KODI SLUM BOARD HASSAN CITY-573201. 3. SHANTHARAJU S/O SURSHETTY AGED ABOUT 56 YEARS NEAR BASAVESHWARA KALYANA MANTAPA HOSALINE ROAD HASSAN CITY-573201. …APPELLANTS (BY SRI. MAHESH B.J., ADVOCATE) AND: 1. PUTTARAJU @ THIMMAPPA S/O MARIYAPPA AGED ABOUT 66 YEARS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21830 RSA No. 2039 of 2021 2. H.D.CHAITHRA D/O PUTTARAJU @ THIMMAPPA AGED ABOUT 35 YEARS 3. SHRUTI D/O PUTTARAJU @ THIMMAPPA AGED ABOUT 32 YEARS 4. HARSHITHA D/O PUTTARAJU @ THIMMAPPA AGED ABOUT 27 YEARS 5. YASHODHA D/O PUTTARAJU @ THIMMAPPA ALL ARE RESIDENT OF BEHIND THANNIRUHALLA TOLLGATE MARIAYAPPA EXTENSION, B.M.ROAD HASSAN CITY-573 201. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 17.11.2018 PASSED IN R.A.NO.4/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 21.11.2014 PASSED IN O.S.NO.4/2014 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, HASSAN. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:21830 RSA No. 2039 of 2021 CORAM: HON'BLE MR JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel for the appellant is absent. Inspite of the order was passed, the counsel has not paid the P.F and no representation today also and there is a delay of 404 days in filing the appeal. The learned counsel for the appellant is not pursuing the matter diligently. Hence, appeal is dismissed. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 18