- 1 - NC: 2025:KHC:11866 R.S.A. No.1619/2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V. HOSMANI REGULAR SECOND APPEAL NO.1619/2010 (PAR) BETWEEN: 1. C.R. NAGARAJA S/O RAJA AVADHANI AGED ABOUT 64 YEARS. 2. SRI. C.R. PUTTANNA S/O RAJA AVADHANI AGED ABOUT 61 YEARS. BOTH ARE R/AT. THYAGARAJA BEEDI CHAITRADURGA CITY-577504. …APPELLANTS (BY SRI. T. SESHAGIRI RAO S, ADV., [ABSENT]) AND: 1. SMT. K. SUNDARAMMA W/O K.S. NAGARAJ AGED ABOUT 53 YRS HOUSE HOLD KORTAGERE VILLAGE TUMKUR DIST-572129. 2. SMT. K.N. USHA DEVI D/O K.S. NAGARAJ AGED ABOUT 33 YRS W/O NAGARAJ BANGALORE-06. Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:11866 R.S.A. No.1619/2010 3. SMT. K.N. VIDYA LAXMI D/O K.S. NAGARAJ AGED ABOUT 29 YRS FIRST DIVISION ASST., GOVT. HIGH SCHOOL PALACE GUTTAHALLI BANGALORE-560003. 4. SRI. C.K. VISHWANATHA S/O KRISHNA AVADHANI AGED ABOUT 69 YRS RTD. LECTURER BEHIND SUBRAMANNESHWARA TEMPLE 2ND MAIN ROAD, 8TH CROSS HEMAVATHI NAGAR, HASSAN-573201. 5. SRI. C.K. VIJAYA SHANKAR S/O KRISHNA AVADHANI AGED ABOUT 62 YRS TEACHER, HOUSE NO.232 OUT-HOUSE, 3RD MAIN ROAD 3RD CROSS, CHAMARAJPET BANGALORE-570018. 6. SEETHARAMASHASTRY S/O SHESHA AVADHANI SINCE DECEASED BY LRS. (a) SMT. RAMAMANI D/O SEETHARAMASHASTRI W/O SHAMASUNDAR AGED ABOUT 58 YRS S.D.C. STATE HUZUR TREASURY K R CIRCLE, BANGALORE-560001. (b) SMT. USHAMANI D/O SEETHARAMASHASTRI AGED ABOUT 51 YRS PRIVATE SCHOOL TEACHER NEAR HOUSING BOARD COLONY VIJAYANAGAR, BANGALORE-560079. - 3 - NC: 2025:KHC:11866 R.S.A. No.1619/2010 (c) SRI. BALASUBRAMANYA S/O SEETHARAMASHASTRI AGED ABOUT 55 YRS R/O THYAGARAJANAGAR CHITRADURGA-577504. 7. SRI. C.R. KRISHNA AVADHANI S/O RAJA AVADHANI AGED ABOUT 58 YRS R/AT. NO.27, HARSHA LAYOUT SHANUBHOGARA THOTA KENGERI, BANGALORE-60. 8. SRI. SOMASHEKHAR S/O VENKATESHA SHASTRI AGED ABOUT 57 YRS 8TH MAIN ROAD, CHAMUNDIPURAM MYSORE-570018. 9. SRI. RAGHAVAN S/O VENKATESHA SHASTRI AGED ABOUT 53 YRS 8TH MAIN ROAD, CHAMUNDIPURAM MYSORE-570018. 10. SRI. SRINIVASA S/O VENKATESHA SHASTRI AGED ABOUT 49 YRS 8TH MAIN ROAD, CHAMUNDIPURAM MYSORE-570018. …RESPONDENTS (BY SRI. T.N. VISHWANATHA, ADV., FOR R5, R6 (a & b) SRI. B.M. SIDDAPPA, ADV., FOR R10 R7 & R8 ARE SERVED V/O/DTD:20.06.2016 APPEAL DISMISSED AGAINST R1 TO R4, R6 (c), R9 V/O/DTD:15.7.2024 APPEAL STAND AGAINST R4 DISMISSED AS ABATED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.03.2010 PASSED IN - 4 - NC: 2025:KHC:11866 R.S.A. No.1619/2010 R.A.NO.9/2007 ON THE FILE OF THE ADDL. SESSIONS JUDGE, CHITRADURGA,DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 31.01.2007 PASSED IN O.S.NO.99/1998 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), CHITRADURGA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V. HOSMANI ORAL JUDGMENT None appears for appellants. 2. It is seen that by orders dated 20.06.2016 and 15.07.2024, appeal was dismissed against respondents no.1 to 4, 6(c) and 9. Even appellant no.1 was reported dead and applications filed for bringing legal representatives of deceased appellant no.1 were rejected. This would indicate that appellants are not diligently pursuing the appeal. Hence, appeal is dismissed for non-prosecution. Sd/- (RAVI V. HOSMANI) JUDGE ABK List No.: 1 Sl No.: 9