- 1 - HC-KAR NC: 2025:KHC:25482 RSA No. 2009 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 2009 OF 2021 (PAR/INJ) BETWEEN: SRI. VAJRAMUNI @ NAGARAJ S/O LATE BETTADAMUNIYAPPA AGED ABOUT 63 YEARS R/AT NO.6, NANJAPPA STREET, BESIDE MUNESHWARA TEMPLE, PALACE GUTTAHALLI, BENGALURU-560 003 …APPELLANT (BY SRI. SADASHIVAIAH K.G., ADVOCATE) AND: 1. SMT. MUNIYAMMA W/O LATE BETTADAMUNIYAPPA AGED ABOUT 83 YEARS 2. SRI. MUNIRAJU S/O LATE BETTADAMUNIYAPPA AGED ABOUT 46 YEARS 3. SMT. LAKSHMIDEVAMMA D/O LATE BETTADAMUNIYAPPA AGED ABOUT 43 YEARS 4. SRI. B. RAJANNA S/O BEERAPPA AGE: MAJOR 5. SRI. PYAREJAN S/O NOT KNOWN TO APPELLANT AGE: MAJOR 6. SRI. IFFAT MAAB S/O MOHAMMED MOHIDEEN AGE: MAJOR Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25482 RSA No. 2009 of 2021 7. SRI. VENKATAPPA S/O BACHANNA AGE: MAJOR RESPONDENT NOS.1 TO 7 ARE R/AT BETTANAHALLI KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110 …RESPONDENTS (BY SRI. MANOJ C.B., ADVOCATE FOR CAVEATOR/RESPONDENT NO.2) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 08.06.2021 PASSED IN RA.NO.15078/2019 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, DEVANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 07.09.2019 PASSED IN OS.No.1373/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Learned counsel representing the learned Senior Counsel appearing for the appellant seeks time on the ground that the learned Senior Counsel is not in station. - 3 - HC-KAR NC: 2025:KHC:25482 RSA No. 2009 of 2021 2. It is seen from the previous order sheets that on 15.09.2023 time was granted for payment of Court fee and ordered to list the matter for admission on 04.10.2023. On 04.10.2023, as learned counsel for both the parties were not present, the matter stood adjourned to 'third week of November, 2023'. Thereafter, when the appeal was listed on 11.06.2025, the appellant's counsel again sought time and the matter was posted to 26.06.2025. On 26.06.2025 also the learned counsel for appellant sought time and the matter was adjourned to 11.07.2025. On both dates i.e., on 11.06.2025 and 26.06.2025, learned counsel for the respondents was absent and it was made clear that if none represents on behalf of respondents on the next date of hearing, the matter would be heard in their absence. 3. Even though, today, also again time is sought on behalf of appellant. The appeal was filed on 06.09.2021. It appears that both appellant and respondents are not diligent in prosecuting the appeal. Perusing the order sheets would indicate that the parties are not interested in prosecuting the appeal, even after lapse of four years after filing the appeal. - 4 - HC-KAR NC: 2025:KHC:25482 RSA No. 2009 of 2021 Hence, I do not find any ground to grant time sought by the learned counsel for the appellant and hence, the appeal is dismissed. 4. In view of dismissal of main appeal, I.A.No.1/2021 does not survive for consideration and the same stands disposed of. Sd/- (H.P.SANDESH) JUDGE HJ List No.: 1 Sl No.: 52