- 1 - NC: 2025:KHC:16643 RSA No. 1802 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1802 OF 2016 (DEC) BETWEEN: SMT. DUNDAMMA, AGED ABOUT 59 YEARS, W/O LATE DOLLAIAH, RESIDING AT JAGAJEEVANA GRAMA VILLAGE, SOSALE HOBLI T. NARASIPURA TALUK, MYSORE DISTRICT – 571 120. …APPELLANT (BY SRI. A.L. SHABBIR AHMED, ADVOCATE (ABSENT)) AND: 1. SRI. KAALASIDDIAH, AGED ABOUT 62 YEARS, S/O METHE SIDDIAH, RESIDING AT A/1(P. MALLAMMA), E.S.I. QUARTERS, 3RD STAGE, GOKULAM, MYSORE – 570 002 2. SRI. SHIVANNA, S/O METHE SIDDIAH, MAJOR, RESIDING AT JAGAJEEVANA GRAMA VILLAGE, SOSALE HOBLI, T. NARASIPURA TALUK, MYSORE DISTRICT – 571 120 …RESPONDENTS Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16643 RSA No. 1802 of 2016 THIS RSA IS FILED UNDER SEC. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.08.2016 PASSED IN RA NO.45/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC. TIRUMAKUDALU NARASIPURA. DISMISSING THE APPEAL AND AFFIRMING THE JUDGEMENT AND DECREE DATED: 19.3.2011 PASSED IN OS NO.158/99 ON THE FILE OF THE CIVIL JUDGE AND JMFC., T.NARASIPURA. THIS RSA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT This appeal was dismissed on 27.07.2017 for non- compliance of office objections and for non-prosecution. The appellant filed I.A.No.1/2017 for recalling the order dated 27.07.2017. This Court, vide order dated 12.09.2024, allowed I.A.No.1/2017 and recalled the order dated 27.07.2017 and the appeal was restored subject to the payment of the cost of Rs.2,000/- to the Advocate’s Benevolent Fund within a week. The appellant did not pay the cost as per the order dated 12.09.2024. The appeal was to be restored subject to payment of cost within a - 3 - NC: 2025:KHC:16643 RSA No. 1802 of 2016 week. The appellant has not complied with the order dated 12.09.2024. 2. Case called. No representation on behalf of the appellant. The appeal is of the year 2016. It shows that the appellant is not interested in prosecuting the appeal. Accordingly, the appeal is dismissed for non-prosecution for non-payment of cost. Sd/- (ASHOK S.KINAGI) JUDGE SKS