- 1 - NC: 2025:KHC:11275 RSA No. 1293 of 2013 C/W RSA No. 1349 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 1293 OF 2013 (INJ) C/W REGULAR SECOND APPEAL NO. 1349 OF 2009 (INJ) IN RSA No. 1293/2013: BETWEEN: SMT CHIKKA KEMPAMMA W/O LATE MADEGOWDA AGED 59 YEARS R/O KAUDAGALE VILLAGE, MALAVALLI TALUK MANDYA DISTRICT-571 401. …APPELLANT [BY SMT. CHIKKA KEMPAMMA, APPELLANT (ABSENT)] AND: SRI BASAVARAJU S/O YAMME DYAPEGOWDANA NATHEGOWDA, AGED 64 YEARS R/O KAUDAGALE VILLAGE MALAVALLI TALUK MANDYA DISTRICT-571 401. …RESPONDENT [BY SRI M.G. RAVISHA, ADVOCATE (ABSENT)] THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.6.2009 PASSED IN R.A.NO.8/2007 ON THE FILE OF THE CIVIL JUDGE (SR.DN) MALAVALLI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 23.12.2006 PASSED IN O.S.NO.150/2000 ON THE FILE OF THE CIVIL JUDGE (JR.DN) MALAVALLI. Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - NC: 2025:KHC:11275 RSA No. 1293 of 2013 C/W RSA No. 1349 of 2009 IN RSA NO. 1349/2009: BETWEEN: SMT CHIKKA KEMPAMMA W/O LATE MADEGOWDA AGED 59 YEARS R/O KANDAGALE VILLAGE MALAVALLI TALUK, MANDYA DISTRICT - 571 420. ...APPELLANT [BY SMT. CHIKKA KEMPAMMA, APPELLANT (ABSENT)] AND: 1. SRI BASVARAJU S/O YAMME DYAPEGOWDANA NATHEGOWDA, AGED 64 YEARS, R/O KANDAGALE VILLAGE, MALAVALLI TALUK, MANDYA - 571 420. 2. THE SECRETARY KANUDAGALE VILLAGE PANCHAYATH, KANUDAGALE VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT - 571 420. ...RESPONDENTS [BY SRI M.G.RAVISHA, ADVOCATE FOR R1 (ABSENT); R2 - SERVED BUT UNREPRESENTED] THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE JUDGMENT & DECREE DATED 22.6.2009 PASSED IN R.A.NO.2/2007 ON THE FILE THE CIVIL JUDGE (SR.DN) MALAVALLI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.11.2006 PASSED IN O.S.NO.193/2000 ON THE FILE OF THE CIVIL JUDGE (JR.DN) MALAVALLI. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI - 3 - NC: 2025:KHC:11275 RSA No. 1293 of 2013 C/W RSA No. 1349 of 2009 ORAL JUDGMENT Learned counsel for appellant has filed memo for retirement dated 07.03.2025 stating that he had returned entire appeal papers along with 'NOC' to appellant and appellant acknowledges same. Memo was accepted. Though, appellant had taken back appeal papers on 12.03.2024, 10 days time was granted to make alternative arrangement. But, till today, no arrangement is made. This would indicate that appellant is not diligent in pursuing appeal. Appeal is dismissed for non-prosecution. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 1 Sl No.: 38