- 1 - HC-KAR NC: 2025:KHC:21134 MSA No. 126 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH MISCELLANEOUS SECOND APPEAL NO.126 OF 2017 (RO) BETWEEN: 1. 1(a) SRI MUNIKRISHNAPPA SINCE DECEASED BY HIS LRS SMT. AKKAYAMMA WIFE OF LATE MUNIKRISHNAPPA AGED ABOUT 78 YEARS 1(b) 1(b)(i) SRI. MUNIRAJU SON OF LATE MUNIKRISHNAPPA AGED ABOUT 58 YEARS SINCE DEAD BY HIS LRS SMT. PADMA W/O LATE MUNIRAJU MAJOR. PRESENTLY RESIDING AT PUTTAPPA TEMPLE STREET DEVANAHALLI TOWN-562 110. 1(b)(ii) SMT. M. SOWMYA SHREE D/O LATE MUNIRAJU AGED ABOUT 26 YEARS PRESENTLY RESIDING AT NO.15, 14TH ‘B’ CROSS, AGRAHARA DASARAHALLI MAGADI ROAD BENGALURU-79. 1(b)(iii) SRI. M. ABHILASH Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21134 MSA No. 126 of 2017 S/O LATE MUNIRAJU AGED ABOUT 23 YEARS PRESENTLY RESIDING AT PUTTAPPA TEMPLE STREET DEVANAHALLI TOWN-562 110. 1(b)(iv) SMT. M. RAMYA D/O LATE MUNIRAJU AGED ABOUT 20 YEARS PRESENTLY RESIDING AT PUTTAPPA TEMPLE STREET DEVANAHALLI TOWN-562 110. 2. 2(a) SRI RAMAIAH SINCE DECEASED BY HIS LRS. SMT. LAKSHMAMMA WIFE OF RAMAIAH AGED ABOUT 83 YEARS 2(b) SRI. VENKATESH SON OF RAMAIAH AGED ABOUT 43 YEARS 2(c) SRI. PRAKASH SON OF RAMAIAH AGED ABOUT 41 YEARS 3. SRI CHIKKARAMAIAH SON OF LATE HANUMAIAH AGED ABOUT 75 YEARS 4. SRI MUNIYAPPA SON OF HANUMAIAH AGED ABOUT 75 YEARS 5. 5(a) SMT. ACHAMMA W/O OF DODDAMUNISHAMI SINCE DECEASED BY HER LR. SRI. GOPALAPPA - 3 - HC-KAR NC: 2025:KHC:21134 MSA No. 126 of 2017 SON OF DODDAMUNISHAMI AGED ABOUT 60 YEARS ALL ARE RESIDING AT PUTTAPPA TEMPLE STREET DEVANAHALLI TOWN-562 110. …APPELLANTS (BY SRI. SHASHI BHUSHAN B.S., ADVOCATE) AND: 1. 1(a) SRI. MUNIYAPPA SON OF LATE RAMAIAH SINCE DECEASED BY HIS LRS D.M. ANJINAPPA SON OF LATE MUNIYAPPA AGED ABOUT 56 YEARSR ESIDING AT PUTTAPPA TEMPLE STREET, DEVANAHALLI TOWN-562 110. 1(b) NARAYANASWAMY SON OF LATE MUNIYAPPA AGED ABOUT 48 YEARS, RESIDING AT PUTTAPPA TEMPLE STREET, DEVANAHALLI TOWN-562 110. 2. 2(a) KRISHNAPPA SINCE DECEASED BY HIS LRS SMT. VENKATALAKSHMAMMA WIFE OF LATE KRISHNAPPA AGED ABOUT 65 YEARS 2(b) SRI. JAYARAM SON OF LATE KRISNAPPA AGED ABOUT 45 YEAR 2(c) SRI. GOPAL SON OF LATE KRISNAPPA AGED ABOUT 40 YEAR - 4 - HC-KAR NC: 2025:KHC:21134 MSA No. 126 of 2017 2(d) SMT. CHANDRAMMA DAUGHTER OF LATE KRISNAPPA AGED ABOUT 38 YEAR ALL ARE RESIDING AT PUTTAPPA TEMPLE STREET DEVANAHALLI TOWN-562 110. 2(e) SMT. RATHNAMMA D/O OF LATE KRISHANPPA W/O GOPALAPPA AGED ABOUT 43 YEARS 2(f) SMT. SHANTHAMMA D/O OF KRISHANPPA W/O JAYARAM AGED ABOUT 41 YEARS 2(e) AND 2(f) ARE RESIDING AT TARABANAHALLI VILLAGE JALA HOBLI BENGALURU NORTH TALUK. 2(g) SMT. SUSHEELAMMA DAUGHTER OF KRISHNAPPA AND WIFE OF RAVEESH AGED ABOUT 43 YEARS, RESIDING AT VENKATALA VILLAGE YELAHANKA HOBLI-560 064 BENGALURU NORTH TALUK. 3. SRI. MUNIRAJA SON OF LATE RAMAIAH AGED ABOUT 55 YEARS RESIDING AT PUTTAPPA TEMPLE STREET DEVANAHALLI TOWN-562 110. 4. SRI. SUBRAMANI SON OF CONTRACTOR GOPALAPPA AGED ABOUT 45 YEARS, - 5 - HC-KAR NC: 2025:KHC:21134 MSA No. 126 of 2017 RESIDING AT TALUK OFFICE ROAD DEVANAHALLI TOWN-562 110. …RESPONDENTS (BY SRI. P.N.NANJA REDDY, ADVOCATE FOR R1(a)(1 TO 4) AND R1(b); R2(a), R2(d) AND R2(f) DISMISSED VIDE ORDER DATED 25.10.2024; R2(b)(1 AND 2) HELD SUFFICIENT, VIDE ORDER DATED 05.01.2024, R2(c), R2(e) - SERVED; R3 SERVED, R4 - ABATED VIDE ORDER DATED 25.10.2024) THIS MSA IS FILED UNDER ORDER XLIII RULE-1(u) OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 12.08.2017 PASSED IN R.A.NO.15065/2016 ON THE FILE OF THE VTH ADDITIONAL DISTRICT AND SESSIONS JUDGE, DEVANAHALLI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 17.01.2014 PASSED IN O.S.NO.32/2004 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC AT DEVANAHALLI, REMANDING BACK THE MATTER FOR FRESH DISPOSAL IN ACCORDANCE WITH LAW. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Learned counsel for the appellants submits that he has given NOC to the appellants long back and the very same submission was made on 05.01.2024, but not produced any acknowledgement for having given NOC. Though the submission was made on 05.01.2024 itself, even the appellants have not engaged any counsel and pursued the matter and also - 6 - HC-KAR NC: 2025:KHC:21134 MSA No. 126 of 2017 not amended the cause title. This Court also imposed the cost of Rs.1,000/- vide order dated 18.02.2025 to amend the cause title, wherein an observation is made that there is no representation and found negligence on part of the appellants, appellants are permitted to do so only on payment of cost of Rs.1,000/-, neither the cost is paid nor the amendment is carried out. 2. Learned counsel again submits that he gave NOC to the appellants long back in the year 2024. The submission is placed on record. Inspite of the appellants having been taken NOC from the advocate on record, not engaged any new counsel. It appears that the appellants are not interested in pursuing the matter. Hence, the appeal is dismissed. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 1