- 1 - HC-KAR NC: 2025:KHC:19325 RSA No. 2 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 2 OF 2021 (PAR-) BETWEEN: SRI. DASEGOWDA S/O THIMME GOWDA, AGED 60 YEARS, AGRICULTURIST, R/AT KUMBUGOTTI HALASABALU VILLAGE, KASABA HOBLI, CHIKKAMAGALUR TALUK CHIKKAMAGALUR DIST. …APPELLANT (BY SRI G M RAGHU, ADVOCATE [ABSENT]) AND: 1. THIMME GOWDA S/O THIMME GOWDA, AGED 47 YEARS, AGRICULTURIST, R/O DEGALAPURA, MARLE POST, CHIKKAMAGALUR. 2. SMT. LAKSHMAMMA W/O LATE KALLEGOWDA AGED 58 YEARS, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19325 RSA No. 2 of 2021 HOUSE WIFE, R/AT DEGALAPURA NAGARAHALLI VILLAGE, AMBLE HOBLI, CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT. 3. SMT. NEELAMMA W/O THAMMEGOWDA AGED 56 YEARS, HOUSE WIFE R/AT DEGALAPURA NAGARAHALLI VILLAGE, AMBLE HOBLI, CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT. 4. SMT. SHIVAMMA W/O SANNA HULIGOWDA AGED 54 YEARS, R/AT DEGALAPURA NAGARAHALLI VILLAGE, AMBLE HOBLI, CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT. 5. GANGADHAR S/O THIMMEGOWDA AGED 50 YEARS, R/AT DEGALAPURA NAGARAHALLI VILLAGE, AMBLE HOBLI, CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:19325 RSA No. 2 of 2021 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.03.2020 PASSED IN RA NO.32/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AT CHIKKAMAGALURU AND ETC. 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 listed for admission and no representation on behalf of the appellant in the morning session and also no representation in the afternoon session when the matter is called for second time. Though, the appeal was filed on 07.11.2020, it was adjourned at the request of the counsel for the appellant on 11.01.2021 and thereafter also when the matter was listed on 18.04.2022 and 27.06.2022, there was no representation by the appellant’s counsel. Thus, the - 4 - HC-KAR NC: 2025:KHC:19325 RSA No. 2 of 2021 counsel for the appellant is not pursuing the matter diligently though the appeal is filed in the year 2020 and the same is numbered in 2021 and even after lapse of five years. Hence, there is no grounds to again adjourn the matter when continuously the counsel for the appellant is not representing before the Court. Accordingly, the appeal is dismissed for non-prosecution. 2. In view of dismissal of the main appeal, I.A. if any, does not survive for consideration and the same stands disposed of. Sd/- (H.P.SANDESH) JUDGE SN