- 1 - NC: 2025:KHC:15124 RSA No. 844 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 844 OF 2014 (PAR) BETWEEN: 1. NINGANAIKA, AGED ABOUT 59 YEARS, S/O LATE CHANNANAIKA, AGATHURU VILLAGE, ANTHARASANTHE HOBLI, H.D. KOTE TALUK, MYSORE DISTRICT - 571 114 2. SMT. CHANNAMMA, AGED ABOUT 55 YEARS, D/O LATE CHANNANAIKA, W/O ERANAIKA, R/AT CHAMEGOWDANA HUNDI VILLAGE, KANDALIKE HOBLI, H.D. KOTE TALUK, MYSORE DISTRICT - 571 114 3. SMT. KEMPALAMMA, AGED ABOUT 53 YEARS, D/O LATE CHANNANAIKA, W/O KALANAIKA, R/AT THARALIMANTI VILLAGE, KANDALIKE TALUK, H.D. KOTE TALUK, MYSORE DISTRICT - 571 114. …APPELLANTS (BY SRI. NINGAIKA, (A1), SMT. CHANNAMMA (A2), SMT. KEMPALAMMA (A3) ARE ABSENT) AND: CHANNANAIKA SINCE DEAD BY HIS LR'S Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:15124 RSA No. 844 of 2014 1. SMT. DEVAMMA, MAJOR, W/O LATE CHANNANAIKA, NERALE HOSUR VILLAGE, ANTHARASANTHE HOBLI, H.D. KOTE TALUK, MYSORE DISTRICT - 571 114 2. SMT. SANNADEVAMMA MAJOR, W/O BHADRANAIKA, R/AT RAMANAHALLI VILLAGE, ANTHARASANTHE HOBLI, H.D. KOTE TALUK, MYSORE DISTRICT - 571 114 3. SMT. MARILINGAMMA DEAD BY LR'S, HER HUSBAND KALANAIKA, MAJOR, R/AT SHANTHIPURA VILLAGE, KANDALIKE HOBLI, H.D KOTE TALUK, MYSORE DISTRICT - 571 114 4. BHEEMANAIKA, MAJOR, S/O LATE CHANNANAIKA, R/AT NERALE HOSUR VILLAGE, ANTHARASANTHE HOBLI, H.D. KOTE TALUK, MYSORE DISTRICT - 571 114 5. SMT. KAMALAMMA, MAJOR, W/O CHANNANAIKA, R/AT MAGOODILU VILLAGE, ANTHARASANTHE, H.D. KOTE TALUK, MYSORE DISTRICT - 571 114 6. SMT. RAJAMMA, MAJOR, W/O RAMANAIKA, R/AT SARAGUR TOWN, SARAGUR HOBLI, H.D. KOTE TALUK, MYSORE DISTRICT - 571 114 …RESPONDENTS (BY SRI. A. MADHUSUDHAN RAO, ADVOCATE FOR R2, R4, R5 & R6 SRI. RAKSHITH JOIS, ADVOCATE FOR R5 - 3 - NC: 2025:KHC:15124 RSA No. 844 of 2014 R1 & R3 ARE SERVED. V/O DTD.02/02/2018, R2 TO R6 ARE TREATED AS LRS' OF R1) THIS RSA IS FILED U/S.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 22.08.2013 PASSED IN R.A.NO.156/2012 ON THE FILE OF THE C/C. PRESIDING OFFICER, FAST TRACK COURT, HUNSUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED:17.08.2005 PASSED IN OS.NO.153/1993 ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC, H.D.KOTE. THIS RSA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI ORAL JUDGMENT Learned counsel for respondent has filed a memo along with death certificate, reporting death of respondent No.2 on 15.07.2021. Since, steps are not taken in time, appeal is dismissed as abated against respondent No.2. 2. In view of the above and as appellants have failed to comply with order dated 09.07.2024, payment of cost as well as making alternative arrangement, appeal is dismissed for non-prosecution. Sd/- (RAVI V HOSMANI) JUDGE BH List No.: 1 Sl No.: 20