- 1 - HC-KAR NC: 2025:KHC:18495 RSA No. 119 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 119 OF 2021 (INJ) BETWEEN: 1. SRI. K.R.NARASIMHAMURTHY S/O LATE RANGAIAH AGED ABOUT 66 YEARS, R/AT KANAKENAHALLI VILLAGE KADALAPANAHALLI POST SASALU HOBLI DODDABALLAPURA TALUK-561 203. …APPELLANT (BY SRI. KHADRI S.A., ADVOCATE) AND: 1. SRI. K.R. THIMMAIAH S/O LATE RANGAIAH ALIAS ADAVEERANGAIAH AGED ABOUT 76 YEARS, R/AT ROJIPURA VILLAGE KASABA HOBLI DODDABALLAPURA TALUK-562103. 2. SMT. LALITHAMMA W/O LATE K.R. SURESH AGED ABOUT 48 YEARS, 3. SRI. RAVI KUMAR S/O LATE K R SURESH AGED ABOUT 29 YEARS, 4. SRI MANOHAR S/O LATE K.R.SURESH AGED ABOUT 27 YEARS, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18495 RSA No. 119 of 2021 RESPONDENT NO.2 TO 4 ARE R/AT KANAKENAHALLI VILLAGE SASALU HOBLI DODDABALLAPURA TALUK-561203. …RESPONDENTS (BY SRI. KUMBAR V.F., ADVOCATE FOR R1) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.01.2020 PASSED IN R.A.NO.10047/2019 (OLD NO.8/2017) ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSION JUDGE, DODDABALLAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.03.2017 PASSED IN O.S.NO.357/2009 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, DODDABALLAPUR. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT This second appeal is filed in 2021. This Court issued emergent notice to the respondents vide order dated 10.08.2022 and the Registry is also directed to secure TCR. This matter was listed before the Court on 23.07.2024 and learned counsel for the appellant was absent. However, this Court granted one week to furnish PF to issue notice to the - 3 - HC-KAR NC: 2025:KHC:18495 RSA No. 119 of 2021 respondent and also made it clear that if PF is paid within a week, issue notice to the respondents. The matter was again called on 30.10.2024, none appeared for the appellant and once again, two weeks time was granted and made it clear that if steps are taken, issue notice to the respondents and re-list on 28.11.2024. Inspite of it, learned counsel for the appellant has not furnished PF and on 28.11.2024, at the request of both the parties, ordered to re-list on 05.12.2024 and on 05.12.2024, none appeared for the appellant and four weeks’ time was granted to take steps to respondent Nos.2 to 4 returnable by 23.01.2025. Once again on 24.01.2025, a week’s time was granted to do the needful. The appellant is not furnishing PF, even though emergent notice was ordered in the year 2022 itself and except appearance of respondent No.1, none appeared in the matter for non-furnishing of PF. 2. Having taken note of the said aspect into consideration, the appellant is not pursuing the matter diligently, inspite of appeal is filed in the year 2021, that too a second appeal. Hence, no grounds are made out to keep the appeal pending, when the appellant is not showing interest. - 4 - HC-KAR NC: 2025:KHC:18495 RSA No. 119 of 2021 Accordingly, the regular second appeal is dismissed for non-payment of PF to respondent Nos.2 to 4. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 5