- 1 - NC: 2025:KHC:14339 RSA No.916 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.916 OF 2013 (INJ) BETWEEN: SRI. P. SHANKAR S/O PALARSHETTY, AGE: 76 YEARS, NO.112, HALLADAKERI, CHAMARAJANAGAR MAIN ROAD, NANJANGUD TOWN - 571 052. …APPELLANT [BY SRI BYREGOWDA N., ADVOCATE (ABSENT)] AND: 1. SMT. KOUSAR BEGUM W/O LATE ISMAIL, AGE: 41 YEARS, 2. SRI. JAFFER SARIEF S/O LATE ISMAIL AGE: 26 YEARS, 3. SRI. AKBAR SHARIEF S/O LATE ISMAIL, AGE: 24 YEARS, ALL ARE RESIDING AT EDGAH MOHALLA, 2ND CROSS, THAYAGARAJA ROAD, NANJANGUD - 571 052. …RESPONDENTS (BY SRI. B. SHARATH KUMAR, ADVOCATE FOR R1 TO R3) THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 16.04.2013 PASSED IN R.A.NO.45/2012 ON THE FILE OF THE Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - NC: 2025:KHC:14339 RSA No.916 of 2013 SENIOR CIVIL JUDGE, NANJANGUD, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 05.07.2012 PASSED IN O.S.NO.206/2010 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE & JMFC, NANJANGUD. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Sri N. Byregowda, learned counsel for appellant has filed a memo stating that sole appellant has died on 13.08.2022 and that his son has taken appeal papers on 21.01.2025 along with no objection. In view of memo and acknowledgment, memo for retirement is accepted. Since alternative arrangement is not made and there is no representation, same would indicate that appellant is not diligently pursuing appeal. Hence, appeal is dismissed for non- prosecution. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 6