- 1 - NC: 2024:KHC:20483 RSA No. 2353 of 2008 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.2353 OF 2008 (INJ) BETWEEN: 1. SMT MANIKYAMMA DIED ON 18.11.2018 REPRESENTED BY HER LEGAL REPRESENTATIVES 1(a) SRI DORAISWAMY.B AGED ABOUT 86 YEARS H/O LATE MANIKYAMMA 1(b) SMT.SOWBAGHYA AGED ABOUT 51 YEARS D/O DORAISWAMY.B W/O SURESH BABU 1(c) SRI D.SOMASHEKAR AGED ABOUT 46 YEARS S/O DORAISWAMY.B 1(d) SMT.GYATHRI AGED ABOUT 42 YEARS W/O SHAMASUNDHAR 1(e) SRI SHASHI KUMAR.D AGED ABOUT 40 YEARS S/O DORAISWAMY.B APPLICANTS NO.1 (a) to (e) ARE ALL RESIDING AT NO.2569, NEAR OMSHAKTHI TEMPLE SANTHA MAIDHANA MULBAGAL TOWN Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:20483 RSA No. 2353 of 2008 KOLAR DISTRICT PIN – 563 131. SMT.PRABHAVATHI D/O DORAISWAMY DEAD BY LEGAL REPRESENTATIVES 1(f) SRI AMARANARAYANASWAMY AGED ABOUT 61 YEARS H/O D.PRABHAVATHI 1(g) ASHWINI AGED ABOUT 30 YEARS D/O D.PRABHAVATHI 1(h) RAKESH KUMAR AGED ABOUT 25 YEARS S/O D.PRABHAVATHI APPLICANTS 1(f) to (h) ARE ALL R/AT NO.118, 10TH F CROSS SANJEEVAPPA LAYOUT NAGAWAR PALYA C.V.RAMAN NAGAR POST BENGALURU – 94. …APPELLANTS [BY SRI V.VINODH REDDY, ADVOCATE FOR A1 (A TO H)] AND: 1. SRI SOMANNA DIED ON 15.07.2022 REPRESENTED BY HIS LEGAL REPRESENTATIVES 1(a) SMT.JAYAMMA W/O LATE SOMANNA AGD ABOUT 69 YEARS R/O SOMARASANAHALLI, (BASAVANAMITTA) MOTHAKAPALLI POST, - 3 - NC: 2024:KHC:20483 RSA No. 2353 of 2008 THAYALUR HOBLI MULBAGAL TALUK, KOLAR DISTRICT-563 131 1(b) MUNEENDRA BABU @ CHINNA BABU S/O LATE SOMANNA AGED ABOUT 48 YEARS R/O SOMARASANAHALLI, (BASAVANAMITTA) MOTHAKAPALLI POST, THAYALUR HOBLI MULBAGAL TALUK, KOLAR DISTRICT-563 131 1(c) RAMESHA S/O LATE S/O LATE SOMANNA AGED ABOUT 48 YEARS S/O LATE SOMANNA AGED ABOUT 43 YEARS R/O SOMESHWARPALYA NEAR SOMESHWARA TEMPLE KOLAR DISTRICT-563 131 1(d) SHANTAMMA D/O LATE SOMANNA W/O VENU AGED ABOUT 38 YEARS R/O BANGLAVURU VILLAGE, BYRAPALLI POST V.KOTA MANDALAM PALAMANER TALUK CHITTOOR DISTRICT, ANDHRA PRADESH 2. SRI BHASKAR AGED ABOUT 65 YEARS S/O NARAYANAPPA R/O LORRY CHANGAPPA HOUSE HOSAPALYA, MULBAGAL TOWN KOLAR DISTRICT - 563 131 3. SRI SHANKAR AGED ABOUT 68 YEARS PROP. LALITHA RADIO ELECTRICALS - 4 - NC: 2024:KHC:20483 RSA No. 2353 of 2008 HOSAPALYA, MULBAGAL TOWN KOLAR DISTRICT - 563 131 4. SRI SUBBAIAH AGED ABOUT 58 YEARS S/O UGRARAM KRISHNAPPA R/O MALINA AGRAHARA MULBAGAL TOWN KOLAR DISTRICT - 563 131 5. SRI SEENAPPA AGED ABOUT 55 YEARS S/O POORINTI RAMAIAH R/O SOMESHWARAPALYA MULBAGAL TOWN KOLAR 563 131 6. SRI RADHAKRISHNA AGED ABOUT 40 YEARS S/O VENKATAPPA R/O KURABARAPALYA MULBAGAL TOWN KOLAR 563 131 7. MUNIYAPPA AGED ABOUT 50 YEARS R/O HOSAPALYA MULBAGAL TOWN KOLAR 563 131 …RESPONDENTS (BY SRI VARUN PAPIREDDY, ADVOCATE FOR R1(B to E); SRI GOVINDA REDDY.C.M, ADVOCATE FOR R1(A TO D); R3, R5 –SERVED; VIDE ORDER DATED 07.09.2021 NOTICE TO R2, R4, R6 AND R7 ARE HELD SUFFICIENT THROUGH PAPER PUBLICATION) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 9.7.2008 PASSED IN R.A.NO.147/2005 ON THE FILE OF THE II ADDL. CIVIL JUDGE (SR. DN.), C/O III ADDL. CIVIL JUDGE (SR. DN.), - 5 - NC: 2024:KHC:20483 RSA No. 2353 of 2008 KOLAR, ITINERATING AT MULBAGAL, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DTD 10.3.2005 PASSED IN OS NO.97/1992 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR. DN.), MULBAGAL. THIS RSA, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT Case called twice. None present on behalf of the appellant. Appeal is of the year 2008. Advocate for the appellant himself has moved for hearing. But, failed to appear. Accordingly, appeal is dismissed for non prosecution. Sd/- JUDGE MR List No.: 2 Sl No.: 39