- 1 - HC-KAR NC: 2025:KHC:19850 RSA No. 1538 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1538 OF 2023 (PAR/POS) BETWEEN: 1. DHRAKSHAYANAMMA, W/O PARVATHEGOWDA, AGED ABOUT 58 YEARS, R/O MOORUMANEHALLI VILLAGE, CHIKKAMAGALURU TALUK-57710. 2. LAKSHMI @ LAXMAMMA, W/O LATE RAMEGOWDA, AGED ABOUT 57 YEARS. 3. YASHODHA, W/O LATE KRISHNMURTHY @ KRISHNEGOWDA, AGED ABOUT 47 YEARS. APPELLANTS NO.2 AND 3 ARE R/O DANTARAMAKKI, JYOTHINAGAR POST, CHIKKAMAGALURU-577102. …APPELLANTS (SMT. DHRAKSHAYANAMMA – APPELLANT) AND: 1. SAMUDREGOWDA @ ANNAIAH, S/O LATE SIDDEGOWDA, AGED ABOUT 70 YEARS. 2. MANJUNATH, S/O SAMUDRAGOWDA @ ANNAIAH, AGED ABOUT 47 YEARS. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19850 RSA No. 1538 of 2023 3. MAHESH, S/O SAMUDREGOWDA @ ANNAIAH, AGED ABOUT 41 YEARS, 4. MANJAMMA, W/O SAMUDREGOWDA @ ANNAIAH, AGED ABOUT 67 YEARS. 5. MANJEGOWDA M.S. S/O LATE SIDDEGOWDA, AGED ABOUT 68 YEARS. 6. RENUKAMMA, W/O PUTTEGOWDA, AGED ABOUT 67 YEARS. 7. PRADEEPA, S/O PUTTEGOWDA, AGED ABOUT 36 YEARS. 8. HAREESH, S/O PUTTEGOWDA, AGED ABOUT 34 YEARS. 9. M.S.DHARMEGOWDA, S/O LATE SIDDEGOWDA, AGED ABOUT 53 YEARS. 10. KAMALAMMA, W/O M.S. DHARMEGOWDA, AGED ABOUT 49 YEARS. 11. DHARANI, S/O M.S. DHARMEGOWDA, AGED ABOUT 29 YEARS. RESPONDENTS NO.1 TO 11 ARE R/O MOORUMANEHALLI VILLAGE, KASABA HOBLI, CHIKKAMAGALURU TALUK-577101. 12. SHIVAMMA, W/O KRISHNEGOWDA, - 3 - HC-KAR NC: 2025:KHC:19850 RSA No. 1538 of 2023 AGED ABOUT 61 YEARS, R/O MOORUMANEHALLI VILLAGE, KASABA HOBLI, CHIKKAMAGALUR TALUK-577101. 13. SMT. VANITHA, W/O D.B. KRISHNEGOWDA, AGED ABOUT 41 YEARS. 14. D.R.KRISHNEGOWDA, S/O RANGEGOWDA, AGED ABOUT 64 YEARS. 15. CHANDRAMMA, W/O D.R.KRISHNEGOWDA, AGED ABOUT 57 YEARS. 16. D. GANESH, S/O D.R.KRISHNEGOWDA, AGED ABOUT 31 YEARS. RESPONDENTS NO.13 TO 16 ARE R/O DANTARAMAKKI, JYOTHINAGAR POST, CHIKKAMAGALURU -577101. 17. MANJULA, W/O A.H.RAJEGOWDA, AGED ABOUT 57 YEARS, R/O AMBLE VILLAGE AND HOBLI, CHIKKAMAGALURU TALUK-577101. 18. SMT. PUTTAMMA, W/O SIDDEGOWDA, AGED ABOUT 74 YEARS, R/O KANADAL ROAD, CHIKKAMAGALURU -577101. 19. S. SHASHIKALA W/O. B.N.SRINIVAS, AGED ABOUT 47 YEARS, R/O. SULADIMMANAHALLI VILLAGE, BANAVARA HOBLI, - 4 - HC-KAR NC: 2025:KHC:19850 RSA No. 1538 of 2023 ARASIKERE TALUK, HASSAN DISTRICT-573 112. 20. C. S. NANJUNDASWAMY, S/O. C. SUBRAMANYA JOIS, AGE: MAJOR, R/O. SUGGIKAL ROAD, KOTE, CHIKKAMAGALURU-577 101. 21. M.H. PRABHUKUMAR, S/O INDRAMMA, DEAD BY HIS LRS. SMT. CHANDRAKALA, W/O. LATE M.H.PRABHU KUMAR, AGED ABOUT 49 YEARS. 22. AMAR, S/O. LATE M.H.PRABHU KUMAR, AGED ABOUT 28 YEARS. 23. AMEETH, S/O. LATE M.H.PRABHU KUMAR, AGED ABOUT 26 YEARS. RESPONDENTS NO.21 TO 23 ARE R/O KANADAL ROAD, KOTE, CHIKKAMAGALURU-577117. 24. KRISHNEGOWDA, S/O. SIDDEGOWDA, AGED ABOUT 67 YEARS, R/O. MOORUMANEHALLI, KASABA HOBLI, CHIKKAMAGALURU TALUK-577 101. 25. RAMA, S/O. G. GOVINDARAJ, AGED ABOUT 47 YEARS, R/O. NEAR ST.MARY’S SCHOOL, KANADAL ROAD, KOTE, CHIKKAMAGALURU-577 101. - 5 - HC-KAR NC: 2025:KHC:19850 RSA No. 1538 of 2023 26. LATHA, D/O. G. GOVINDARAJ, AGED ABOUT 40 YEARS, R/O. NEAR ST. MARY’S SCHOOL, KANADAL ROAD, KOTE, CHIKKAMAGALURU-577 101. 27. MULLEGOWDA, S/O. NINGEGOWDA, AGED ABOUT 48 YEARS, R/O. GOWDANAHALLI, AMBLE POST AND HOBLI, CHIKKAMAGALURU TALUK-577 101. 28. BILLEGOWDA, S/O. LAKKEGOWDA, AGED ABOUT 48 YEARS, MOORUMANEHALLI, KASABA HOBLI, CHIKKAMAGALURU TALUK-577 101. 29. DHANANJAYA, S/O. MYLARAIAH, AGED ABOUT 61 YEARS, R/O. SAPTHAKOTI NILAYA, CHANNAPURA ROAD, KOTE, CHIKKAMAGALURU-577 101. 30. UMESH B.H., S/O. B.H.HALAPPA, AGED ABOUT 61 YEARS, 31. SIDDESH. B.H. S/O. B.S. HALAPPA, AGED ABOUT 59 YEARS. RESPONDENTS NO.30 AND 31 ARE R/O. DONIKHANA, CHIKKAMAGALURU-577 101. 32. SMT. NIRMALA, W/O. MANJUNATH, AGED ABOUT 43 YEARS, - 6 - HC-KAR NC: 2025:KHC:19850 RSA No. 1538 of 2023 R/O. HOUSING BOARD, CHIKKAMAGALURU-577 101. 33. SMT. BHANUMATHI, W/O. M. MANJUNATH, AGED ABOUT 39 YEARS, R/O. DANTARAMAKKI, JYOTHINAGAR POST, CHIKKAMAGALURU-577 102. 34. D.N. MANJUNATH, S/O. LATE NANJAPPA, AGED ABOUT 42 YEARS, C/O. LAXMAN, MARUTHI NILAYA, GANDHINAGAR, CHIKKAMAGALURU-577 101. 35. SMT. K.J. MANJULA, W/O. G. CHANDRASHEKAR, AGED ABOUT 39 YEARS, R/O. BELUR ROAD, KOTE, CHIKKAMAGALURU-577 101. 36. M.B.MAHESH, S/O. BOREGOWDA, AGED ABOUT 42 YEARS, R/O. MALLAPURA, LAKKUR POST, ARAKALGUDI TALUK, HASSAN DISTRICT-573 150. 37. M.B.SARASWATHI W/O. C. BASAVARAJ, AGED ABOUT 39 YEARS, R/O. BELUR ROAD, KOTE, CHIKKAMAGALURU-577 101. 38. D.B.KRISHNEGOWDA, S/O. DODDA BEEREGOWDA, AGED ABOUT 52 YEARS, R/O. DANTARAMAKKI, JYOTHINAGAR, CHIKKAMAGALURU-577 101. …RESPONDENTS - 7 - HC-KAR NC: 2025:KHC:19850 RSA No. 1538 of 2023 THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.08.2022. PASSED IN R.A.NO.36/2022 ON THE FILE OF THE PRINCIPAL JUDGE (DISTRICT AND SESSIONS JUDGE), FAMILY COURT, CHIKKAMAGALURU, ALLOWING THE APPEAL AND DISMISSING THE JUDGMENT AND DECREE DATED 28.11.2019 PASSED IN O.S.NO.49/2014 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALURU. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel for the appellants has filed a memo for retirement along with the acknowledgment dated 22.01.2025 for having received the brief by the appellants. Hence, the retirement memo is accepted. The learned counsel for the appellants is permitted to retire from the case. 2. Inspite of NOC was taken along with the brief, till date the appellants have not made any arrangement to engage the counsel or appear before the Court and the office objections are also not complied with. - 8 - HC-KAR NC: 2025:KHC:19850 RSA No. 1538 of 2023 3. Hence, the appeal is dismissed for non- compliance of the office objections. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 17