- 1 - HC-KAR NC: 2025:KHC:18581 RSA No. 1681 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1681 OF 2013 (PAR) BETWEEN: SMT. KANCHAMMA D/O LATE VARADAIAH AGED ABOUT 58 YEARS, R/O GANIGER BEEDI, NAGAMANGAL TOWN, MANDYA-571401. …APPELLANT (BY SMT. KANCHAMMA, APPELLANT) AND: 1. SMT. VARADAMMA D/O LATE VARADAIAH AGED ABOUT 58 YEARS 2. UDAYA S/O N.D. DASAPPA AGED ABOUT 48 YEARS 3. T. LEELAVATI W/O KRISHNAMURTHY AGE: MAJOR ALL ARE R/O GANIGER BEEDI, NAGAMANGALA TOWN, MANDYA-571401. …RESPONDENTS (BY SRI. M.G. RAVEESHA, ADVOCATE FOR RESPONDENT NO.1; NOTICE SERVED ON RESPONDENT NO.2; VIDE ORDER DATED 30.05.2017, NOTICE TO RESPONDENT NO.3 IS HELD SUFFICIENT; VIDE ORDER DATED 21.12.2018, APPEAL STANDS DISMISSED AGAINST PROPOSED RESPONDENT NOS.1(1) TO 1(3)) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18581 RSA No. 1681 of 2013 THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.07.2013 PASSED IN R.A.NO.147/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NAGAMANGALA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 14.08.2006 PASSED IN O.S.NO.191/2000 ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC, NAGAMANGALA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT This appeal was filed by the appellant through the learned counsel, and the learned counsel for the appellant had filed a memo for retirement from the case. This Court, vide order dated 11.02.2020, permitted the learned counsel to retire from the case. 2. This Court, vide order dated 20.07.2021, passed the following order:- "On 11.02.2020, the counsel appearing for the appellant was permitted to retire from the case on the basis of the office note, whereby the appellant had acknowledged the receipt of entire case file along with no objection. - 3 - HC-KAR NC: 2025:KHC:18581 RSA No. 1681 of 2013 It appears that despite lapse of nearly one and half year, no steps have been taken to make alternative arrangement. It appears that the appellant is not interested in prosecuting the matter. However, in the interest of justice, in order to provide an opportunity to the appellant, issue court notice to the appellant." 3. Pursuant to the order dated 20.07.2021, the Court notice was issued, and the notice was served on the appellant. Despite service of Court notice, the appellant remained absent. As the appeal is of the year 2013, it shows that the appellant is not interested in prosecuting the appeal. 4. Accordingly, the appeal is dismissed for non- prosecution. Sd/- (ASHOK S.KINAGI) JUDGE PMR List No.: 1 Sl No.: 27