- 1 - NC: 2025:KHC:16823 RSA NO.179 OF 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.179 OF 2015 (INJ) BETWEEN: K.S. KENDAGANNAIAH S/O LATE SHIVAPPA, AGED ABOUT 68 YEARS, R/AT KONASUR VILLAGE, BETTADAPURA HOBLI, PERIYAPATNA TALUK - 571 102. …APPELLANT (BY SRI. ROHITH GOWDA, ADVOCATE) AND: 1. ERAMMA W/O PURUSHA SHETTY AGED ABOUT 73 YEARS. 2. BASAPPA S/O LATE BASAPPA, AGED ABOUT 68 YEARS. 3. SMT. MAHADEVAMMA W/O CHENNABASSAPPA AGED ABOUT 53 YEARS. RESPONDENTS.1 TO 3 ARE RESIDING AT: KONASUR VILLAGE, BETTADAPUR HOBLI, PERIYAPATNA TALUK - 571 102. …RESPONDENTS (NOTICE TO RESPONDENT NO.1 - SERVED; V/O DATED 17.03.2025, APPEAL AGAINST R2 - DISMISSED AS ABATED AND APPEAL AGAIST R3 - DISMISSED) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16823 RSA NO.179 OF 2015 THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST JUDGMENT AND DECREE DATED 18TH NOVEMBER, 2014 PASSED IN REGULAR APPEAL NO.75 OF 2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., HUNSUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11TH JULY, 2013 PASSED IN ORIGINAL SUIT NO.234 OF 2011 ON THE FILE OF THE CIVIL JUDGE AND JMFC., PERIYAPATNA. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Learned counsel for appellant has filed a memo along with postal Tracking receipt and acknowledgment of notice of retirement. 2. Notice is served to appellant on 25.03.2025. Till date steps are not taken. 3. Memo of retirement filed by learned counsel for appellant is accepted. 4. There is no representation for appellant. 5. Appeal is dismissed for non-prosecution. SD/- (RAVI V HOSMANI) JUDGE ARK List No.: 1 Sl No.: 35