- 1 - NC: 2025:KHC:12592 RSA No. 1452 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V. HOSMANI REGULAR SECOND APPEAL NO.1452/2013 (DEC/INJ) BETWEEN: SMT. BASAMMA W/O LATE CHAMAPPA AGED ABOUT 77 YEARS RESIDING AT GEJJANNA VADDARGUDI, BILLIKERE HOBLI HUNSUR TALUK MYSORE DISTRICT-571105. …APPELLANT (BY SRI. PRAKASH M. PATIL, ADV., [ABSENT]) AND: 1. SRI. V.M. SHIVAMALLAPPA W/O MALLAPPA AGED ABOUT 59 YEARS AGRICULTURALIST. 2. SRI. SHIVANNA S/O LATE BASAPPA SINCE DECEASED BY HIS LR'S. 2(a) SMT. JAYAMMA W/O LATE SHIVANNA AGED 57 YEARS OCC : HOUSE HOLD. 2(b) SRI. SUNDAR S/O LATE SHIVANNA AGED 57 YEARS OCC : AGRICULTURIST. Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:12592 RSA No. 1452 of 2013 BOTH ARE R/AT. GEJJANNA VADDARGUDI POST KARIMUDDANAHALLI BILLIKERE HOBLI, HUNSUR TALUK MYSORE DISTRICT - 571105. 2(c) SMT. SHARADAMMA W/O MUDDAPPA AGED 40 YEARS OCC : HOUSE HOLD R/AT. BARADANAPURA MYSURU TQ & DIST - 570001. 2(d) SMT. VAJRAMMA W/O SWAMANNA AGED 37 YEARS OCC : HOUSE HOLD R/AT. POST HIREHALLI H.D. KOTE TALUK MYSURU DIST - 571114. 2(e) SMT. PAVITHRA W/O MAHADEVASWAMY AGED 33 YEARS OCC : HOUSE HOLD R/AT. BARADANAPURA MYSURU TQ & DIST - 570001. 3. SRI. CHAMARAJ S/O LINGANNA AGED ABOUT 56 YEARS R/AT. ERAKIPPANAKOPPALU YELWALA HOBLI MYSORE-571130. 4. SRI. BOREGOWDA S/O CHIKKARAMANNA AGED ABOUT 51 YEARS R/AT. JETTI UNDI VILLAGE YELAWALA HOBLI MYSORE-571130. …RESPONDENTS - 3 - NC: 2025:KHC:12592 RSA No. 1452 of 2013 (BY SRI. M.V. HIREMATH, ADV., FOR R1 & R2 (a - e) SRI. RAVINDRA BABU G, ADV., FOR R3 & R4) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DTD 10.10.2012 PASSED IN R.A.NO.631/2011 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT, HUNSUR, DISMISSING THE APPEAL AND CONFIRMING JUDGMENT AND DECREE DTD 24.9.2011 PASSED IN OS.NO.144/2007 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, HUNSUR. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V. HOSMANI ORAL JUDGMENT Learned counsel for respondents is present. 2. Attention of this Court is drawn to judgment and decree dated 29.01.2016 passed by Civil Judge and JMFC, Hunsur, in O.S.No.140/2007. Suit was filed by plaintiffs viz., Smt.Basamma W/o Late Sri.Basappa and Sri.Shivanna S/o Late Sri.Basappa against defendants viz., Smt.Basamma W/o Late Sri.Chamappa and Sri.Somesha S/o Late Sri.Chamappa, thereby declaring that partition deed dated 07.06.1996 is null and void and not binding on - 4 - NC: 2025:KHC:12592 RSA No. 1452 of 2013 plaintiffs and permanently restraining defendants from claiming under suit. 3. It was submitted that present appeal is by plaintiff - Smt.Basamma W/o Late Sri.Chamappa seeking for relief of declaration that she is absolute owner of suit properties on basis of partition deed dated 07.06.1996. Suit was filed against defendants no.1 to 4 viz., Sri.V.M.Shivamallappa, Sri.Shivanna S/o Late Sri.Basappa, Sri.Chamaraj S/o Sri.Linganna and Sri.Borgowda S/o Sri.Chikkaramanna. 4. Prima facie, subject matter of suit properties involved in O.S.no.140/2007 and O.S.no.144/2007, out of which present appeal arises appear to be same. It is submitted that judgment and decree in O.S.no.140/2007 has attained finality and submission made to this effect was recorded by this Court in order sheet dated 22.01.2025. Though time was granted for learned counsel - 5 - NC: 2025:KHC:12592 RSA No. 1452 of 2013 for appellant to verify and make submissions, there is no representation. 5. It is also seen that impugned judgment and decree in present appeal is against concurrent findings that trial Court while answering issue no.2 specifically held adoption of Sri.Chamappa by Smt.Basamma is not proved. Therefore, such being case, whether appeal would be tenable on merits would also be an issue to consider. 6. In view of continued absence of learned counsel for appellant, appeal is dismissed for non-prosecution. Sd/- (RAVI V. HOSMANI) JUDGE ABK List No.: 1 Sl No.: 14